The court heard that NSW police made a “outrageous” argument that stripping at the festival, and while admitting that the search was illegal, searching for women’s reproductive areas at the festival was “objectively necessary”.
Police Force admitted in court documents that it stripped Raya Meredith on Splendor In The Grass in July 2018 - finding nothing illegal and unreasonable.
Meredith, the lead plaintiff of 3,000 people, conducted a potential illegal undressing search at the festival between 2016 and 2022.
They are part of a class action lawsuit against New South Wales (NAST) by Slater and Gordon attorneys and the Redfern Legal Center, allegedly a police allegedly illegal strip search (including children). The affected queue may be more than twice the size.
Last week, the court heard from Meredith, who had emotional testimony about police stripping in a temporary tarpaulin tent on the grass in 2018 after a poisoned dog sniffed in her direction but then left.
Meredith, then 27, was asked to remove the tampon during the search.
Kylie Nomchong SC told the court in his closing statement while acting for the plaintiff that the NSW police's actions during the class action should be increased.
She said Wednesday that police officers who have not yet proposed to end the debate argued in an article that Meredith's search was "objective and reasonable" despite admitting that the search was illegal.
"We got a pretty outrageous submission... The defendant asked your honor to infer that it was objectively necessary to search the plaintiff's breast and genital areas."
“There is no evidence that the searcher, on an objective and reasonable basis, was incredibly offensive to examine the plaintiff’s vagina, ask her to pull out the tampon, ask her to expose her buttocks and anal areas, and bend over and put down her breasts.
Judge Dina Yehia responded that she would also question the police's legal team.
"I'm not sure I understand these opinions, given the way this matter has developed."
Nomchong also proposed the NSW Police Department’s decision not to call any witnesses.
In the days after the hearing, NSW withdrew 22 witnesses, mainly police officers, who will compete for Meredith's version of the event. This change reduced the case from the planned 2- to 3-day period.
The female police officer who conducted the stripping search was one of the witnesses to the police withdraw.
"What we know about her is that there is nothing in her notebook and she has no memories of it," Nomchong told the court.
"The only reason available is that no evidence from these police officers will help the defendant."
Nomchong told the court that it was difficult to know whether the male officer was “intentionally” when Meredith took off his clothes, “intentionally”.
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Nomchong told the court: "In the plaintiff's unchallenged evidence, he came in, and he observed her in that position, and there was nothing to say that he was not a participant in the search."
"He didn't stand outside the tent and said, 'Knock, knock, can I come in? OK?' He suddenly broke out."
Julian Sexton SC, who acted on behalf of police, began the debate on Wednesday. He objected to the plaintiff's argument that the vast majority of strip searches conducted at the festival from 2018 to 2022 were illegal.
He said the evidence supporting this is not strong enough and every case needs to be considered separately.
He also told the court that strip searches at the festival are indeed legal standards, and police can do strip searches in serious and urgent situations because the searches are "trying to stop people from dying."
"The urgency of this situation is that if no undressing search is conducted, the drug will be consumed or disposed of," Sexton told the court.
Sexton disputed the strip search that police considered "the day-to-day job" and said: "(There is one) very, very, very few people being searched."
The court heard that 2018's Grassland had 36,000 attendees. The court was told 148 people were stripped and 50 others were searched.
"Generally, that doesn't mean searching for bags at the airport, and everyone goes to search their own luggage to get into the house," he said.
Sexton also contradicts Nomchong's claim in his closing remarks that during the 2018 glory on the grass, the police on duty did not receive enough guidance on how to conduct a legal undressing search.
"It's not teaching grandma to suck eggs, it's about experiencing the police's operational orders," he said.
The debate is expected to end before Yehia on Thursday.