Justice Delayed: Mr Irving Wins Malicious Prosecution Case, 32 Years On
The Supreme Court of Queensland has awarded $130,000 in damages to Indigenous man Mr Terry Irving, more than three decades after he was first wrongfully charged by police.
What happened
In 1993, Mr Irving was arrested and charged as an accessory after the fact to robbery.
The Court has now found that this charge was laid without reasonable cause and for the improper purpose of keeping him in custody.
He was later convicted of robbery and spent over four and a half years (1,671 days) in prison before the High Court overturned the conviction in 1997, ruling that he had not received a fair trial.
The damages awarded
Justice Susan Brown found that Mr Irving had been maliciously prosecuted and awarded:
$65,000 general damages for loss of liberty
$45,000 aggravated damages for humiliation and abuse of power
$20,000 exemplary damages to punish the misuse of police powers
The Court also ordered that interest accrue from 2011, and that the defendants pay 40 per cent of Mr Irving’s trial costs.
Why it matters
Despite the years he spent behind bars, the compensation only covers the first seven days of his detention. Mr Irving has described the award as inadequate and criticised the lack of apology from the State of Queensland.
His case highlights several important issues:
Misuse of police powers can have life-changing consequences.
Wrongful prosecutions cause lasting harm — not just to the individual but also to public confidence in the justice system.
Systemic reform is needed, including independent review bodies to prevent miscarriages of justice.
Our view
This decision is a reminder that malicious prosecution is not just a legal concept — it has real, devastating impacts on people’s lives. While Mr Irving’s vindication is important, the limited compensation shows the need for broader reform.
If you believe you have been wrongfully charged, unlawfully arrested, or treated unfairly by the justice system, it’s critical to seek experienced legal advice.
This OYBlog was made with AI assistance using the source: https://nit.com.au/12-09-2025/20229/terry-irving