25 February 2008

Connex to fight costly payout

CONNEX will appeal against a judge's decision to award damages and costs of more than $600,000 to a man who spat at ticket inspectors who stopped him from boarding a train.

The private rail operator has vowed to vigorously pursue the appeal and will argue County Court Judge Susan Cohen erred in her judgment of assault by the company's authorised officers.

Joseph Chetcuti, 31, was prevented from boarding a train after he illegally crossed two tracks and jumped a fence.

He fell and broke his wrist as he fled from the inspectors.

Judge Cohen said Mr Chetcuti ran away because he feared being harmed.

She said two inspectors had acted unlawfully in trying to restrain him.

Connex chief executive officer Bruce Hughes has attacked the findings.

Mr Hughes said the damages and costs were awarded despite Judge Cohen finding Mr Chetcuti had been "extremely confrontational, had spat at the staff, had broken the law twice by jumping across train tracks and had injured himself by falling over while running away from the officers".

"Our authorised officers have an extremely difficult and often unappreciated job," he said.

"They are not just there to check tickets. They are also there to assist and protect our customers from unruly or unreasonable elements of society."

Mr Chetcuti, a former panel beater, was awarded a total of $530,000 made up of $130,000 for pain and suffering, $114,000 for loss of earnings, $20,000 for lost superannuation and $272,000 for the loss of future earnings.


Geraldine Mitchell, Herald Sun December 14, 2007




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