The prominent academic and author, Prof Chelsea Watego, has brought a racial discrimination case against the state of Queensland and two police officers who arrested and handcuffed her outside a Brisbane nightclub in 2018.
Watego, a Munanjahli and South Sea Islander woman, was arrested outside the Beat nightclub in Brisbane’s Fortitude Valley in December 2018, for allegedly failing to leave the premises at closing time. Charges for that offence were not pursued in court.
She argued in the Queensland Civil and Administrative Tribunal on Monday that her treatment by two police officers, whose names are suppressed, amounted to unlawful discrimination on the basis of her race.
In an opening statement to the tribunal, Watego said she had been asked to leave the Beat nightclub at closing time on several occasions. She did not leave when asked “because she sought time to arrange a shared Uber booking before she left the relative safety inside … and was removed from the Beat physically by security”.
Watego, told the tribunal that she was “picked up by my breasts (by a security guard), then dropped on the ground and dragged”.
“It was really traumatic,” she said.
In her opening statement, Watego alleged that, once outside the nightclub but near the entrance, she argued with an “aggressive white man”, who was racially abusive towards her.
Her statement said she was arrested within 18 seconds of police arriving.
It alleges the investigation by the two police officers was “deficient”; that the arrest was “not warranted” and there were alternative options; and that handcuffing her was not justified.
“The reason given by [the arresting police officer] for the arrest of Prof Watego, namely her failure to leave licensed premises, is not an offence the state proceeded with against Prof Watego,” the statement says.
“The information gathered by police prior to the arrest of Prof Watego was very limited and constitutes evidence from which one could infer (along with other facts) unlawful discrimination.
“[The officer] did not make any real effort to obtain all available information from other available sources. In particular, the officers did not, prior to arresting Prof Watego, make any effort to speak with the people accompanying [her] or other persons who may have observed the relevant events.
“She was treated less favourably than [the allegedly aggressive] man.”
Watego was arrested, handcuffed and put inside a police van. She was later held at a police watch house.
She alleges she suffered injuries, including physical bruising and post-traumatic stress disorder; intense feelings of embarrassment, hurt, intimidation and fear; and damage to her reputation as a respected member of the community.
In response, the state of Queensland argued that Watego’s behaviour warranted the attention of the arresting officer, and that there was no evidence to support a claim of unlawful discrimination.
“The applicant was pointed out as an offender by [a security guard] as having refused to leave the Beat on several occasions,” the government’s opening statement said.
“There were no diversion options available … because of the applicant’s behaviour. Her handcuffing was necessary for the safety of officers and others.”
The government’s statement said “multiple sober witnesses” immediately pointed Watego out to police as the person who had failed to leave.
“The gender of a person or race of a person who is uncooperative with police … is irrelevant,” it said.
“The arrest of the applicant was lawful, reasonable, proportionate and legally defensible.”
The government also argued CCTV and police bodycam footage showed justification for the arrest.
“It is not open to the tribunal to ignore the behaviour of the applicant in her interactions with police,” the government’s statement said.
“Some of her behaviour included insulting police, threatening police and swearing at police.”
Watego said during cross-examination that she was “not my best self” at the time. She said she had believed police had arrived to deal with the verbal and racist abuse directed at her given she had already left and was standing outside.
The tribunal heard from a witness – a friend of Watego – who said the arresting police officer was “already aggravated” at the time.
Watego is seeking compensation, aggravated damages, a public apology, and for the police involved to undertake training.
The hearing continues.
