back to article Baby swing vid man cut loose

A Queensland man plans to sue police who arrested and charged him for child abuse offences after he uploaded a video of a man apparently recklessly swinging a baby to a video website. Australian prosecutors have dropped all charges against Chris Illingworth, 61, opening the door to a compensation claim. A still from the clip …

COMMENTS

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  1. Anonymous Coward
    Anonymous Coward

    Dead right too

    I followed this lurking on liveleak. The clip was shown on national television and nobody prosecuted.

    Yet him uploading it to a video news website and he's arrested?

    It's no different, I'm glad he was vindicated.

  2. Eponymous Cowherd
    Joke

    Beaten by the Aussies again.

    I had thought the UK had its position at the top of the Oppressive Nanny State league pretty much sewn up.

    Then the bloody Australians pull this out of the bag.

    They just *hate* to lose at anything, don't they?

  3. Anonymous Coward
    Stop

    Isn't this how it's meant to work, though?

    It's not the Police Officers job to decide each case, if an officer believes an offence may have occured then they must simply gather evidence and present it to the prosecution team. At the end of the day - he was investigated and found innocent. Surely we couldn't have a situation where every person found innocent in Court can then go and sue the Police?

  4. Anonymous Coward
    Anonymous Coward

    Suing?

    Americans get crap for being lawsuit happy?

    Pot. Kettle. Black.

  5. Anonymous Coward
    Big Brother

    Shoot first and ask questions later...

    It does seem that this approach is more common these days here, too. When a complaint is made, Plod just march in, make an arrest and only then start to ask questions.

    Guilty until proven innocent seems to be their new mantra. Of course, having made an arrest it does mean that they now have an excuse to add you to the DNA Register. Coincidence?

  6. MnM

    Horses bolted

    Fancy that! Australians criminalising themselves.

  7. Barney Carroll
    Stop

    "It's all over for me" ?!

    OK, you were the victim of gung-ho cops acting on an insiduous culture of irrational web-based big-brotherism. Terrifying and frustrating stuff, I can only imagine. And I'm glad you're representing rational man in the courtroom.

    But this kind of hyperbolic emotional reaction is not helping at all.

    For one thing, it becomes incredibly easy to see people on the limits of what the nanny-state deems suspicious as weak-minded emotional idiots all too eager to tap into an amorphous well of delicious victimhood, and consequently people will end up sympathising with those 'just doing their jobs' against unbalanced weirdos who come back with blatant overreactions like 'the state destroyed my life'. People will start hearing of cases of accusations against the nanny state and dismiss the plaintiffs out of hand.

    Second, this kind of reaction says you have no real sense of perspective yourself and need constant protection from some form of state apparatus — lawyers to fill the bizarrely acquired whole in your existence with money — and hence we need this kind of ultra-protectionist nanny-state in the first place.

    Your business? Your emotional stability?! If you can get a professional witness to testify that your every action is weighed against a massive complex of Kafka-esque self-guilt and government paranoia, fine. If what you're really trying to say is "regardless of what I ethically and legally consider right or wrong, I will never think the same way about uploading amusing videos to the internet", then stop memorising the thesaurus' entry for 'distraught' and get a bloody grip.

    </rant>

    Regarding the case though, better set a good precedent. The way the cops acted is madness. 11 months? Ridiculous.

  8. John H Woods Silver badge
    Stop

    Death by Process

    Oooh does this mean I can claim compensation for the UK government's Legal Service Commission giving my ex a six figure sum to sue me (unsuccessfully) over custody for more than eight years? It ruined my finances and my career. Oh, yes. I thought not.

  9. Anonymous Coward
    Grenade

    Re: Isn't this how it's meant to work, though?

    Not quite.

    Presently, at least in the UK, even if you have had the prosecution case dropped (or never started in the first place) you are still considered guilty for a variety of purposes. Such a case will remain on your record and you will never be able to work with children or vulnerable adults till the end of your life.

    Further to this, due to companies refusing to provide negative interviews potential employers will seek _ANY_ information they can on applicants. So frankly, I would not be surprised if the vetting database (and its AU an NZ analogues) will soon be in active use by a lot of companies which have nothing to do with education.

    So overall, in a normal situation where "innocent until proven guilty" is a constitutional principle you would have been right. However as we have revoked it, the unsuccessfully accused now have the right to sue the police. Just one of the consequences of undermining the fundamentals of the legal system. We get whatever Christmas we deserve. C'est la vie.

  10. Spleen

    @AC 11:57

    Indeed, it's not the policeman's job to decide whether someone is innocent or guilty (unless it's a fixed-penalty offence, but let's leave that to one side). But that doesn't mean you can just arrest anyone for anything and let the courts sort it out - you have to reasonably suspect them of something. And in this case the accusation was manifestly idiotic for reasons already gone over far too many times.

    @Barney Carroll

    Believe it or not, not everyone is a Reg-reading cynic who absorbs at least three stories a day about some poor sod being targeted by the Kafkaesque justice system. Many people living in Western democracies still have an honest, deep-down belief that the state is their friend and that the police don't arrest someone without a good reason. Then they get arrested for something like this and are suddenly confronted with the way the world actually works. I don't think "emotionally devastated" is an exaggeration at all.

  11. Chris 39
    FAIL

    @Suing? AC

    No-one mentioned Americans. Also, I'm not sure a lawsuit for false arrest is really being "lawsuit happy".

    Pot. Guilty. Conscience?

  12. David S

    @Barney

    I may have misread it, but I understood his "it's all over for me" to mean that the judicial process had ended with respect to its prosecution of him, but it was going to start on the retaliatory prosecution of the police.

    Might that make sense?

  13. Grease Monkey Silver badge

    @Shoot first and ask questions later...

    It is indeed getting more common, in the UK we've even got a name for it. The police call it "acting in good faith".

    Furthermore the powers that be seem to believe that if an unsubstantiated allegation is made against you and you are arrested that should remain on your record for the rest of your natural even if no charges are brought.

    Maybe we should all start making complaints against politicians, senior police officers, senior civil servants and prosecutors. See how they like it.

  14. Scott 19
    Black Helicopters

    Queensland

    If you've even beem they've all got Tropo there, so i ain't surprised. Guess one of the prosecutors has been working in and AC office so it does affect him as much as the rozzers.

  15. Frank Zuiderduin

    Disgusting country

    To think I once considered emigrating to Australia...

    It's an utterly disgusting country with bloody a**holes running the government and law enforcement. Look at the crazy internet related decisions that have been made recently. God, I'm glad I stayed in Europe.

  16. Anonymous Coward
    FAIL

    Collect big time

    The only problem is making the wankers actually responsible for this pay...it will only come out of the tax coffers after all.

  17. lukewarmdog
    Badgers

    serves him right

    The Internet is already full of crap, maybe next time he'll think twice before clogging it further with video spam. Next target should be all those people who post videos of themselves singing or worse.. gangster walking.. on YouTube.

  18. Anonymous Coward
    Coat

    "Task Force Argos"

    Don't get shopped for it - get Argossed!

  19. Anonymous Coward
    Troll

    Queensland?

    Isen´t that like the ass end of civil rights anyway? Where the Christian fanatic roams free to do as they please? Where you are guilty till proven innocent? Where babies are eaten every year to celebrate the coming of the rain?

  20. Cortland Richmond

    Whatever happened to

    "You'll never take me alive, said he?"

  21. Lionel Baden

    please nobody video me playing with my kids

    They absolutely love being thrown from a distance onto the bed covers !!

    although i wouldnt of swung my kid around by 1 armcould cause shoulder issues

    but then again that doesnt warrant an arrest maybe somebody pointing out it may fuck the kids arm up !

  22. Justabloke 1
    Thumb Down

    hmmm....

    ""I've been hurt so much by this... it was not a child abuse upload. I'm glad it's over but I would have like my day in court."

    Yes.. so hurt and upset that rather than put it behind you you wanna keep the whole thing alive hoping to make a fast buck...

    I had some sympathy with him until that point.

  23. Nicholas Wright
    FAIL

    Hang on...

    So you're arrested (deprived of your liberty and anything you may have had planned, even a job), questioned (put under pressure and stress to defend yourself), kept in a jail cell (deprived of the comforts a citizen should perhaps have), kept from your loved ones, fed food which you may not like or be able to eat, get your name in the press and associated with child abuse...... AND then you're found innocent.... and you don't think that perhaps the treatment you received was unfair and should offer some form of compensation? At the very least an apology, and a promise not to do it again?!

    Sorry, if my time is wasted because of the idiocy of others, they're going to have to pay the price.

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