A mother who was awarded $320,000 in compensation after being illegally jailed for six months had previously been charged with 50 offenses and is back behind bars over allegations of stalking and assault.
Bodycam footage showed Ebonie Madden, 25, and her friend Dylan Turner being bailed by police officers on Evan Street in South Penrith, in Sydney’s west, during a “stop and search” » in December 2019.
The video showed Mr Turner holding a black bag which was confiscated and searched by Senior Constable Michael Darnton.
Inside the bag were new men’s clothing and a knife. Mr Turner tried to tell police the bag belonged to him and not Madden, but was ignored.
Senior Constable Darnton handcuffed Madden – a mother of two who had recently been released from prison on parole – and charged her with resisting arrest, possession of a knife and theft.
She spent six months behind bars in 2020, before winning a compensation claim two years later against NSW police after a judge found she was the subject of malicious prosecution and of wrongful imprisonment.
These findings were upheld on appeal to the Court of Appeal in February, while Madden was in custody awaiting trial for four other alleged offences.
Ebonie Madden (pictured) was on parole at the time of her illegal arrest in 2019
Pictured: Ebonie Madden and Dylan Turner during his arrest in 2019
Madden won $320,000 after judge found Senior Constable Darnton lacked reasonable grounds for search (arrest pictured)
According to court documents, Madden has an extensive criminal history spanning more than 50 counts.
These charges include allegations of robbery, property crimes, and crimes involving violence and weapons.
Now, Daily Mail Australia can reveal Madden faces further criminal charges, including one count of assault occasioning actual bodily harm and harassment/intimidation with intent to cause fear or physical harm.
She is also accused of using an offensive weapon to commit a criminal act.
Madden has pleaded not guilty to all charges.
She has not applied for bail at Penrith Local Court and will remain in custody until her bail hearing on Thursday.
His case is scheduled for a three-hour hearing on May 15.
Body camera footage of Madden’s 2019 illegal arrest was released earlier this week.
It showed the moment Senior Constable Darnton found the knife.
Ebonie Madden (pictured) is behind bars awaiting trial at Penrith Local Court
Court documents say Ebonie Madden (pictured) has more than 50 criminal allegations against her
Mr Turner could be heard saying: “It’s mine, boss”, which officers later told the NSW District Court they did not hear.
A third officer, Danielle Munt, could be heard saying: “This is what happens when you talk. You’re being searched” – which she later admitted was “unprofessional”.
According to court documents, officers believed both men were under the influence of methamphetamine.
They also knew Madden’s criminal history because a police officer had been involved in his arrest two months earlier, in September 2019.
Madden was strip searched but refused to remove her collar.
She was charged with possession of a knife in a public place, keeping clothing reasonably suspected of being stolen and resisting an officer in the execution of their duty.
During a roadside interview, Madden had denied knowledge of the knife and said she had borrowed the bag from her mother, but her explanation regarding the clothing was unclear.
She was denied bail on December 31, 2019, her parole was revoked and she was detained until June 9, 2020, when she made a second application for bail.
Madden pleaded not guilty to these charges and they were eventually dropped in October 2020.
A NSW District Court judge found the state liable for battery, false imprisonment and malicious prosecution, amounting to $320,000 plus interest and costs.
A NSW Police spokesperson said police would review the Court of Appeal’s judgment and explore ways to improve the way they deal with these matters.