Man demands $3m for false imprisonment

A MAN has tried suing the state government for $3.42 million for false imprisonment after he was held in jail on remand for a crime he was later found not guilty of.

In 2006 former Booval man Kerry John Bergin, 55, was accused of tying a woman to a tree and whipping her; a case that went through Toowoomba Magistrates Court.

He was later found not guilty of these offences.

Earlier this year he filed action in the supreme court claiming $3.42 million in damages for false imprisonment between February and May 2006, when he was held in jail on remand.

In his claim, Mr Bergin said he was "arrested for nothing in Toowoomba" and was held in remand between February and May 2006.

"I want $30,000 a day for each day when I was (held in remand)," he said.

In documents filed to the court to dispute his claim, the Crown said Mr Bergin had no real prospect of succeeding with his claim and asked the court to set it aside.

The Crown said Mr Bergin's case was frivolous, vexatious and an abuse of the court process.

It also said Mr Bergin's allegations were vague and embarrassing, unnecessary and were an abuse of the court's process.

A judge found in favour of the state government last month.

Documents also showed Mr Bergin had previously tried seeking damages for false imprisonment against the Police Commissioner and Department of Justice's director-general.

In 2012 he sought $17 million for malicious prosecution, personal damage, defamation, miscarriage of justice, deprivation of liberty and criminal acts by hiding the facts from him.

In documents filed to the court, the Crown claimed there was no reasonable cause of action and there was not any real prospect for Mr Bergin's case proceeding.

This case was struck out in late 2012.


Topics:  court ipswich queensland supreme court toowoomba

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