A woman who was violently attacked for five hours by her former partner is suing the supplier of a personal safety device and a security firm which failed to alert police despite her repeated requests to “please help me”.
Peta was assaulted by her former partner for more than five hours,despite making several desperate pleas for help.Supplied
The case raises serious concerns about the monitoring of the body-worn technology,which was the recipient of a Commonwealth government grant as part of its national plan to reduce violence against women and their children.
It also comes amid that prompted protests in cities across the country and an urgent national cabinet meeting last week to consider new measures to tackle the crisis.
Peta,who asked that her surname not be published,was assaulted by her former partner Jason Richards in October 2021. Richards barged into her home in Kerang,in northern Victoria,armed with rope,pliers and masking tape,according to a writ filed in the County Court of Victoria in March.
Despite five intervention orders taken out to protect Peta between February and October 2021,Richards had continued to stalk her around Kerang after their turbulent relationship ended.
As Richards’ behaviour became more unhinged,local police and a counsellor at the Mallee sexual assault unit urged Peta to wear the security device known as the StandbyU Shield,which was supplied by Queensland company Commsync Alert.
The device would notify a relative and friend nominated by Peta of any incident along with two staff members from the Mallee sexual assault unit. It was also monitored by a Queensland security firm called Castle Security,which trades as Back2Base Monitoring.
According to legal documents,Back2Base Monitoring was supposed to “escalate any alert from the plaintiff to Victoria Police if it is deemed necessary”.
However,three desperate pleas for help from Peta between 11pm and 4.30am on October 17,2021,were never referred to police. Phone calls from Back2Base Monitoring to Peta’s phone were not answered because Richards had seized her phone,it is alleged in court documents.
Peta was subjected to horrific abuse at the hands of Richards. He taped her mouth shut,smothered her with a pillow,repeatedly assaulted her and tried to hang her from a bedroom door. Richards killed himself the following day.
Peta told this masthead she felt betrayed by the StandbyU Shield and the security company responsible for monitoring it.
“I thought this thing was supposed to save my life,” she said. “I thought I’d be safe. But the only way I stopped him killing me was by sticking my finger in his eye when he was trying to smother me.”
The 52-year-old said she suffered from post-traumatic stress disorder and regular panic attacks as a result of the abuse.
“Experiencing domestic violence by someone who is supposed to love you has changed me to the core. You never trust[people] the same,” Peta said.
Her lawyer,Aki Munir,a senior associate at Arnold Thomas&Becker Lawyers,accused the companies of failing in their duty of care.
“The device gave our client a false sense of security,and the failures associated with it resulted in dire consequences,” Munir said. “We allege that as a result of the incident,our client has sustained significant psychological injuries.”
A lawyer acting for Commsync Alert,Moray&Agnew partner Jeremy Peck,declined to comment while the matter was before court.
However,a defence statement filed on behalf of Commsync Alert alleged that Back2Base Monitoring was not permitted to contact police when Peta did not respond to their phone calls,which is set out in the national police alarm activation response guidelines.
“Back2Base’s records from 17 October 2021 and 18 October 2021 record that Back2Base monitored the audio around the StandbyU Shield worn by the plaintiff and recorded ‘could hear couple talking normally’,‘no one speaking,could hear background movement’ and ‘very little talking – general conversation’,” Commsync Alert’s defence statement said.
Back2Base Monitoring general manager Gary Rushton declined to comment while the matter was before the court,and the company is yet to file a defence statement.
If you or someone you know is in need of support contact Lifeline on 13 11 14 or Safe Steps. In the event of an emergency dial triple zero (000). Support is also available from the National Sexual Assault,Domestic Family Violence Counselling Service at 1800RESPECT (1800 737 732).
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