Federal circuit court judge Salvatore Vasta made series of basic errors when he locked up man known as Mr Stradford in late 2018, federal court finds
Stradford, represented by Ken Cush and Associates, took the unusual step of suing Vasta personally, alleging the judge’s conduct amounted to false imprisonment.and the commonwealth were vicariously liable for the actions of police and prison officers in carrying out Vasta’s order.
Federal court justice Michael Wigney described the case as complex on multiple levels and said it had required him to read case law stretching back centuries. “The order which resulted in the applicant’s imprisonment was infected by a number of serious and fundamental errors on the part of the judge,” Wigney said in a summary of his judgment delivered at the time of publishing his full reasons. “The individual and cumulative effect of those errors was that the order was invalid and of no legal effect from the outset. The order and related warrant therefore provided no lawful justification for the applicant’s imprisonment.
“That was because in summary he imprisoned the applicant without first finding that the applicant had failed to comply with the disclosure orders in question, and was therefore in contempt and without finding any of the facts he was required to find before imprisoning the applicant for any such contempt,” Wigney said in his summary of his decision.
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