Former Canberra tow-truck driver gives evidence in ACT lawsuit against NSW government after alleged assault

Dylan Yates, who lived in Calwell until June 2021 before moving across the border to live with his family near Albury, is suing the NSW government for what he alleges to be assault, battery and malicious prosecution.

The 28-year-old alleges that the incident left him suffering PTSD, anxiety, depression, major depressive disorder, hurt, humiliation and distress.

In his statement of claim, he states the incident occurred in November 2018 when he was towing a Ford GT from Shepparton to Canberra as part of his work.

When he stopped at a Shell Service Station in Gundagai, two NSW Police officers - including a senior constable - pulled up behind him.

The senior constable allegedly asked Mr Yates if the Ford GT was stolen or if it was towed legitimately.

The senior officer then allegedly made a comment that implied Mr Yates was a motorcycle gang member, to which he denied, and asked if he had any 13s tattooed on him.

He then allegedly grabbed and twisted both of Mr Yates' arms before being told the two officers would search his truck for guns and drugs.

The senior officer then allegedly pushed Mr Yates onto the road, removed his bum bag from the truck and emptied out his belongings, including $5000 that then went missing.

The senior constable then allegedly said the truck was defective and served him a notice, but an inspection four days later in Fyshwick revealed no defect.

Two months after the incident, the same officer charged him with failing or refusing to comply with a search.

Mr Yates pleaded not guilty and, in October 2019 at Goulburn Local Court, the prosecution withdrew the charge.

During an ACT Supreme Court hearing on Tuesday, the plaintiff's mother, Marion Yates, said she had travelled to Canberra to be with her son shortly after he went to Queanbeyan Police Station to give his version of events.

Ms Yates cried as she said "that's when I lost my son".

"He's never been the same ... He had no dealings with anyone, he was just a shell," she said.

She said her son "progressively withdrew" 12 months after the incident and that she had attended counselling appointments with him.

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Mr Yates gave evidence, earlier in the hearing and during cross examination, it was suggested to him that the senior constable never touched, shoved or pushed him.

"Yes, he did. He did shove me, he pushed me," Mr Yates said.

He was also cross-examined about his deteriorating mental health before the incident and his past "clashes with authority" during his upbringing.

The defence lawyer for the NSW government suggested to him that surgery for his bowel obstruction in mid-2017 led to stress and him taking the antidepressant medication fluoxetine.

"It wasn't stressful ... I was very happy to be alive because it almost killed me," Mr Yates said.

Other witnesses included Timothy Smith, a farmer in the Gundagai area, who said he was getting fuel at the station when he saw the Ford.

Mr Smith said he spoke with the truck driver before "a couple of policemen just turned up".

"They just made me feel uneasy, I was uncomfortable. It was just the way they spoke and the manner," he said.

When asked about what specifically made him uncomfortable, Mr Smith, who was not cross-examined, said he could not put his finger on it because it was a while ago, but he did say "I thought I might be next".

The court heard other charges against Mr Yates from the incident were also withdrawn after he pleaded guilty to a traffic offence.

The Supreme Court last August ruled for the hearing to be held in the ACT with the reason being that doing so was least likely to exacerbate Mr Yates' psychological health matters.

The hearing, which is expected to take one week and to include medical experts, continues.

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