Pubdate: Wed, 18 Oct 2000
Source: Australian, The (Australia)
Copyright: News Limited 2000
Contact:  http://www.theaustralian.com.au/
Author: Monica Videnieks

MILLION-DOLLAR PAYOUT TO HIPPIES

A bungled 1997 drug raid on a hippy commune has cost the NSW Police Service
more than $1 million in damages.

District Court judge Audrey Balla yesterday awarded 24 members of the
Wytaliba alternative community, near Glen Innes in northern NSW, damages of
between $10,308.49 and $214,749.11 each, after they sued police for
carrying out a two-day raid on their property without a search warrant. The
court heard that community members were first alerted to the police raid
when a low-flying helicopter appeared above the property and about 12
police, who had set up a mobile centre outside the commune, swooped on to
the grounds.

The raid, codenamed Operation Chipoka, was conducted on September 15, 1997,
to search for cannabis around the Wytaliba community.

While the raid did uncover cannabis plants, Judge Balla described the
police conduct - in which the police officers failed to fully identify
themselves or explain the purpose of the raid - as "extremely serious".

She said the police ignored repeated demands by commune members to see a
search warrant, because the officers had not bothered to get one.

A pregnant woman and her husband accused police of manhandling them. Police
charged the couple with drug offences arising from the search, but the
convictions against the pair were quashed by the NSW District Court last
year.

Speaking after yesterday's judgment, Wytaliban spokesman Badja Sparks said
the commune members believed the community had been subjected to several
illegal police raids over about 10 years and had decided to sue the police
on principle.

"The main reason was that this was a case of civil rights and being treated
like other citizens and the police seemed to think we didn't have those
rights because we lived on an alternative community," Mr Sparks said.

"We're very pleased. The judgment is a recognition that we have the same
property rights as anybody else."

Last night the community was discussing how to spend the money, totalling
$1,043,534.50, which was awarded as compensation for trespass, aggravated
damages and exemplary damages.

The Wytaliban community had offered to settle the case for $225,000, but
this was rejected by the NSW police.

Mr Sparks said most of the money would go into the 1500ha community, which
includes a school, library, individual family housing and a shop. "Building
a sports oval is already in the pipeline," he said. "We are hoping the
money will go towards improving the community."

One member, who declined to be named, said children at the community had
been traumatised by the police raid.

"We live in a quiet, bush village and suddenly we had police charging
through, helicopters buzzing overhead and people getting wrestled to the
ground," he said. "Some of our kids have suffered trauma and nightmares
from this."
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