Highlights
- Indian-origin doctor Dr Prasannan Ponganaparambile found his picture in a theft-related Facebook post by Victoria Police
- Claiming innocence, he has sued Victoria Police for defamation and ‘false imprisonment’
- Victoria Police hasn’t commented as matter is sub-judice
Dr Prasannan Ponganaparambile, who leads the Department of Rehabilitation Medicine at Latrobe Regional Hospital, has taken Victoria Police to the County Court of Victoria.
The Melbourne-based doctor of Indian origin claims that he was ‘wrongly accused’ of stealing a bottle of wine from a bottleshop in May 2020.
Facebook post on theft
CCTV footage was posted on the Facebook page of Cardinia Police Area for identification purposes in relation to a theft incident from a bottleshop, documents presented in court reveal.
The image was removed from the Facebook page after staying on the web for nearly 48 hours, it says.
The documents also state that the post was shared at least 77 times before it was removed.
“Posting a person's photo on the police Facebook page without a reasonable investigation of an incident is not an acceptable procedure,” Dr Ponganaparambile's lawyers told SBS Malayalam.
He is being represented by O'Brien Criminal & Civil Solicitors.
The Facebook post stated that the photo is of a person the police is looking for in relation to a theft and had asked people to come forward to share any information related to it.
Dr Ponganaparambile contacted the police after seeing the post and identified himself and requested the police to remove the post as he claimed innocence, the writ submitted into court added.
CCTV image of Dr. Prasannan Ponganaparambile coming out of a bottle shop in May 2020. Source: Supplied by County Court Of Victoria
Despite his coming forward, the post remained on Facebook for nearly two days, according to court documents.
“The social media post has caused devastating damage to Dr Ponganaparambile and his family,” said Dr Ponganaparambile's lawyers.
‘Falsely imprisoned’
Dr Prasannan Ponganaparambile leads the Department of Rehabilitation Medicine at Latrobe Regional Hospital. Source: Supplied by O'Brien Criminal & Civil Solicitors
In the writ submitted before the court, Dr Ponganaparambile’s lawyers claim that from the time of his arrest inside Pakenham Police Station until the time of his release, he was “falsely imprisoned because his arrest had been unlawful”.
Dr Ponganaparambile got an appointment with an officer at the Pakenham Police Station a week after reporting the matter to the police.
He attended the police station with his wife and daughter, the writ stated.
It also added the doctor’s claims that he was taken into custody in the back of a caged police van and moved to the other side of the police station. He adds that he had to sit on the floor of the van that had no safety restraint for nearly five minutes.
According to the writ, Dr Ponganaparambile's wife questioned the police actions. She was told that this was ‘protocol’.
The document add that the doctor’s wristwatch and ID were seized from him after being released from the vehicle in the Pakenham Police station garage.
He was then interviewed for around 19 minutes.
Dr Ponganaparambile also claimed that the police officers were not acting pursuant to any power of arrest granted to them in the Crimes Act (Vic).
SBS Malayalam contacted Victoria Police for comment but was told that comments cannot be made as the matter is in court.
His lawyers said that no charges were laid about this incident on Dr Prasannan Ponganaparambile, however, the defamation case is still pending in court.
