Three West Australian policemen at the centre of a $1.1 million tasering damages case have had their appeal dismissed after failing to meet a payment deadline on a massive court costs bill.
Peter Clark, Simon Traynor and Glenn Caldwell were found liable for battery, misfeasance in public office, false imprisonment and malicious prosecution in 2015 after an academic and his wife were tasered during an arrest seven years earlier.
The trio challenged but didn’t pay the crucial $90,000 security for the anticipated costs of the appeal by last week’s deadline after failing to secure financial help from the police union, so it was dismissed.
But an appeal by the state remains on foot, as does a cross appeal by the three officers.
In its appeal, the state questions whether it can be held liable for malicious acts by employees and challenges the apportionment of damages but it has already admitted some liability by paying more than $200,000 to the couple.
The court costs are already estimated to have run into hundreds of thousands of dollars and it may be many months before the appeal and cross appeal are heard.
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