A lawsuit by five Australian women allegedly forced into invasive strip searches at Doha's Hamad Airport is examining whether they can bring new claims of assault, battery and false imprisonment.
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The women, who cannot be legally named, have already filed Federal Court proceedings against the government-owned Qatar Civil Aviation Authority and Qatar Airways.
They were among hundreds of women forcibly removed from aircraft at Doha on October 2, 2020 as officials searched for the mother of a newborn baby in a bathroom at the terminal.
Taken out of the plane by armed guards, many say they were forced to conduct non-consensual gynaecological or intimate physical examinations.
One passenger was forced to undergo a strip search holding her five-month old son, the lawsuit claims. Another, who is elderly and legally blind, was directed out of the aircraft but was not subject to a search.
On Friday, the five women launched another Federal Court lawsuit asking for material from the Qatar Company for Airports Operation and Management (MATAR) to see if they have a case against this Qatar Airways entity.
MATAR may have been responsible for the operation of Hamad Airport while the strip searches were conducted, said Damian Sturzaker, partner at Marque Lawyers, the law firm behind the case.
"I became aware that MATAR may have been responsible for the operation and management of the Hamad Airport at the time of the incident," he wrote in an affidavit filed with the court.
"(The women) may have a claim for negligence, assault, battery and/or false imprisonment against MATAR in addition to their claims against Qatar Airways and the QCAA."
However, he said Marque Lawyers has not been able to determine the full extent of the firm's responsibilities and contractual obligations.
The material sought includes findings and reports from investigations into the incident as well as contracts between MATAR and the QCAA, and aims to fill these knowledge gaps.
In the first lawsuit, filed in October last year, Qatar Airways also faces possible damages for negligence under the Montreal Convention which states an airline is liable for death or bodily injury that occurs while embarking or disembarking.
The QCAA has argued it has immunity as an entity of a foreign state while Qatar Airways is seeking to shut the lawsuit through an application for summary judgment.
Australian Associated Press
