One punch assault survivor Danny Hodgson has pleaded with the State Solicitor’s Office to “do the right thing” and allow legal action taken by him against the state to run its course.
The plea comes after Hodgson and his legal team announced on Wednesday he was suing the state for negligence in relation to the cowardly attack that left him with a traumatic brain injury and need for full-time care.
Danny Hodgson with partner, Jess.
The then-rising Perth soccer star was struck from behind while at an end-of-season celebration in the CBD in September 2021.
His lawyers believe the fact his attacker, 17, was out on bail at the time of the incident made the crime against him predictable and preventable.
“This legal action isn’t just about my own personal situation even though I am facing a life sentence with no prospect of ever working again or realising any of my dreams,” Hodgson said.
“I don’t want anyone else to have to endure what I am going through, and I am determined to hold the state accountable and fight for change.”
But now he says revelations the State Solicitor’s Office had applied to have the case dismissed on grounds it had “no reasonable cause of action” was an attempt to deny him justice and accountability.
The application has been listed for hearing in the Supreme Court of Western Australia on September 28.
A spokesperson for Hodgson’s lawyer said they would dispute the application on his behalf but could not comment further while the matter was before the court.
Danny Hodgson in Royal Perth Hospital in 2021.Credit: Facebook
“It’s now going to go to the courts, and it’s up to [the state] to do the right thing and stick by the case,” Hodgson said.
Hodgson’s attacker was sentenced to three years and eight months behind bars in March 2022 but was released in May this year.
Since the attack, Hodgson has endured six surgeries, months in hospital, ongoing physiotherapy and rehabilitation, medical procedures, depression and seizures.
Hodgson’s girlfriend Jess has become his fulltime carer, and his father Peter has relocated to Perth from the UK to care for his son and assist financially.
“Jess has to keep an eye on me 24-hours a day in case I have a seizure,” he said.
“Anything you do independently, get dressed, brush your teeth, Jess needs to do that for me.”
In another blow, Hodgson said both his physical and mental recovery had gone backwards since the NDIS slashed funding for his ongoing rehabilitation.
“I have been making little steps, small progress but since funding for my rehab has been cut I have gone backwards,” he said.
“We have appealed it and now all of my physios and psychologists have to do a report.
“If anything happens to Jess or my dad, I do not have funding for my care needs.”
Responding to questions from the media on Wednesday morning, Premier Roger Cook said while he was not fully across the details of Hodgson’s legal action, he respected the role of the state’s lawyers.
“I don’t want to speculate as to what’s motivating the state Solicitor’s Office in terms of their legal advice, obviously, they’re there to do a job and I respect that,” he said.
“We’ve worked closely with Danny’s family in the past to try to support them, and we’ll continue to do so.”
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