EXCLUSIVE: A teenager who was targeted in a western Sydney shopping centre because of his sexuality, and charged by police when he reported the assault, has had the case dismissed and his costs awarded in court.
Today, he spoke out bravely to encourage others to fight for justice.
Ben West had just turned 18 and was shopping for a Mother’s Day present at Penrith Plaza in May last year when a man he knew yelled out a homophobic slur.
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West tried to walk away but he was punched in the head.
“One moment you’re hanging out with your friends and the next your life is being rocked by a hate crime, and someone being derogatory for who you are,” West told 9News.
Then, trying to defend himself, West kicked back.
“I said no, I got punched, I couldn’t move… there was nowhere to run,” he said.
West was punched another seven times, and the two ended up wrestling on the ground.
“It was either I fight and defend myself, or I just let someone throw punches at me and have to stand there,” he told 9News.
He described the ordeal as traumatising.
West went to the police station with his mum to report a hate crime after being targeted for being gay but ended up being charged with affray.
Today, in Penrith Local Court, that charge was dropped.
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The court heard the officer in charge didn’t contact a single witness and charged Ben based on the CCTV alone.
“Clearly, there has been a failure to investigate,” Magistrate Marguerite Vassall said.
“At first blush, the CCTV appears to be a fight … the actions are arguably consistent with self-defence.”
The magistrate ruled that Ben’s legal costs should be covered. She said there was an “unreasonable failure to investigate” by police, and that “more work ought to have been done”.
West’s lawyer, Osman Samin, said it was an extremely unfortunate situation.
“He had the courage to go to police and seek assistance,” Samin said.
“Instead of helping him, police charged him with a really serious criminal offence.”
West’s mum said she was proud of her son.
“He’s such a good kid and to be treated like a criminal when he’s done absolutely nothing wrong,” Narelle West said.
“For him to stand up and say what he needs to say – I’m so proud.”
West said he wants his story to inspire others to stand up for themselves and speak out about injustice.
“Me being me is going to be a problem, and for other people it’s going to be a problem,” he said.
“But if we speak up and we don’t let the bullies win, then you can’t be stopped.”
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