Pubdate: Tue, 17 Oct 2000 Source: Sydney Morning Herald (Australia) Copyright: 2000 The Sydney Morning Herald Contact: GPO Box 3771, Sydney NSW 2001 Fax: +61-(0)2-9282 3492 Website: http://www.smh.com.au/ Forum: http://forums.fairfax.com.au/ Author: Philip Cornford $1.3M PAYOUT FOR BUNGLED POLICE RAID ON COMMUNE Two years ago the NSW Police Service turned down the chance to pay a farming commune $240,000 damages for an unlawful drug raid on its property near Glen Innes. Police lawyers advised that the amount was too high, and a subsequent offer of $140,000 to be shared by 24 litigants was rejected by the commune. Yesterday, the police decision was shown to be flawed when a Sydney District Court awarded members of the 1,600-hectare Wytaliba commune $1.3 million damages and court costs. Judge Audrey Balla awarded damages of $1,048,000, ruling that police had raided Wytaliba without a search warrant and had acted in a "high-handed manner" in 1997. To this can be added court costs estimated at $300,000, most of which accrued after the Wytalibans, as they are known, tried to negotiate a settlement in 1998. Two of them, David "Nicho" Nicholson and his wife, Michaela "Kye" Curran, were awarded damages of $368,354 after they were injured in a struggle with police and arrested. The community of about 150 adults and children had every reason to be pleased with the result, but it went about its secluded lives, shunning any intrusion. "We want to protect our privacy," said John, awarded more than $25,000 in damages. "That's why I came here 10 years ago with my family. That's why we sued the police." They live in considerable hardship in houses made of mud brick, timber and in some cases bales of hay. The commune, founded in 1980, has no piped water, no grid electricity and runs on wind and solar power. The children go to primary school in two demountable classrooms. There is a general store, community centre and a big barn for communal use. In January, the community had 81 Telstra subscribers, 56 satellite dishes for TV and six computers. Many live subsistence lives of labour and sweat, growing vegetables. Police were also convinced they were growing cannabis and raided the community in 1995 and 1996. On the morning of September 15, 1997, a number of Wytalibans were learning how to make hay bales near the communal kitchen when a police helicopter buzzed overhead and police approached on the ground, at first refusing to identify themselves or their mission. Operation Chipoka was under way, with the helicopter and a mobile headquarters directing operations. In all, 13 police plus the State of NSW were sued, and accepted into evidence were video tapes of police taken by Wytalibans. The problem with Chipoka was that the local police ignored instructions to get search warrants. Instead, they believed that warrants were not necessary because they would be directed by air observation to cannabis gardens, the so-called "hot pursuit" law. Police found some cannabis, two people were convicted, but the convictions were quashed when District Court Judge William Ducker found that police had been trespassing. - --- MAP posted-by: Doc-Hawk