Former Guantanamo Bay detainee Mamdouh Habib / Pic: Jeremy Piper. Source: NewsLocal
FORMER Guantanamo Bay prisoner Mamdouh Habib has won the right to make a claim of racial discrimination against the NSW police.
Mr Habib, who spent four years in Guantanamo Bay between 2001 and 2005, claims that since his return to Australia police have called him an "Arab terrorist" and a "Muslim terrorist".
He has taken action in the state's Administrative Decisions Tribunal to continue with his complaint after it was rejected by the president of the Anti-Discrimination Board.
Mr Habib, who was born in Egypt, claims there were five incidents of discrimination by police between 2006 and 2011.
He has told the tribunal he has been treated unfavourably because the NSW Police database has a record of him being a "terrorist".
The first of the five alleged incidents occurred in March 2006 when Mr Habib was arrested by police after witnessing a shooting at Granville, in Sydney's west.
As he was escorted to the police paddy wagon, Mr Habib claims one police officer said to another: "Put this terrorist in the wagon."
When he appeared at the tribunal, Mr Habib's recollection of the event changed, and he claimed police said: "Put this bloody Arab terrorist in the wagon."
Mr Habib won $9000 for psychiatric harm from the Victims Compensation Tribunal over the incident.
The second alleged incident involved an unnamed female police officer referring to him as a "terrorist" a year later when Mr Habib was outside Bankstown Local Court.
He was at the court to enter a plea on charges of offensive behaviour and offensive language at a Bankstown McDonald's. He was convicted of the charges but this was overturned on appeal. Police investigated the incident and found the officer had acted unprofessionally - she was counselled.
Mr Habib also claims two incidents where police refused to charge drivers who collided with his car showed police were discriminating against him because he was Middle Eastern. The final alleged incident of racial discrimination occurred in 2011 at St George Police Station where he went to report a claim that he was assaulted by three men in an ice cream shop. Mr Habib says he was "scanned" by Senior-Constable Joe Zammit.
This was found to have been an improper search. No date for the hearing has been set.
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