Victoria's Top Cops Face Class Action Over Pepper Spray Use in Anti-Mining Protest
A landmark decision in Melbourne's Supreme Court has ruled that Victoria police used excessive force when deploying pepper spray during an anti-mining protest in 2019. Climate protester Jordan Brown, who was sprayed twice by police, has won a significant damages payout of $54,000.
The trial, led by Brown's lawyer Fiona Forsyth KC, revealed the disturbing details of the October 30, 2019, incident outside the international mining conference. Police had attempted to arrest two activists scaling the Melbourne Exhibition and Convention Centre when protesters clashed with officers. Two police officers deployed OC spray on a bystander who was unarmed at the time.
Held by Justice Claire Harris, the trial showed that Brown suffered physical injuries from the pepper spray and long-term psychological trauma as a result of the incident. The judge stated that these injuries were caused intentionally by police officers.
In a damning verdict, Harris ruled in favor of Brown's claims that Victoria police had breached internal policies, the Crimes Act, and human rights charter guidelines when using OC spray. However, she dismissed arguments from Brown's lawyers that this ruling could set a precedent for future cases involving pepper spray use by police.
Brown himself described being hit with pepper spray as "the most excruciating pain I've ever experienced" and said he checked out of his body during the incident. The decision marks a significant victory for climate protesters who have long advocated for greater accountability from law enforcement agencies when it comes to their use of force in high-pressure situations.
While police had argued that the OC spray was used as an "effective crowd dispersal tool," the court heard evidence that the substance's deployment in this specific case was entirely unjustified. Harris' ruling will likely have far-reaching implications for the use of pepper spray by police across Victoria and beyond.
A landmark decision in Melbourne's Supreme Court has ruled that Victoria police used excessive force when deploying pepper spray during an anti-mining protest in 2019. Climate protester Jordan Brown, who was sprayed twice by police, has won a significant damages payout of $54,000.
The trial, led by Brown's lawyer Fiona Forsyth KC, revealed the disturbing details of the October 30, 2019, incident outside the international mining conference. Police had attempted to arrest two activists scaling the Melbourne Exhibition and Convention Centre when protesters clashed with officers. Two police officers deployed OC spray on a bystander who was unarmed at the time.
Held by Justice Claire Harris, the trial showed that Brown suffered physical injuries from the pepper spray and long-term psychological trauma as a result of the incident. The judge stated that these injuries were caused intentionally by police officers.
In a damning verdict, Harris ruled in favor of Brown's claims that Victoria police had breached internal policies, the Crimes Act, and human rights charter guidelines when using OC spray. However, she dismissed arguments from Brown's lawyers that this ruling could set a precedent for future cases involving pepper spray use by police.
Brown himself described being hit with pepper spray as "the most excruciating pain I've ever experienced" and said he checked out of his body during the incident. The decision marks a significant victory for climate protesters who have long advocated for greater accountability from law enforcement agencies when it comes to their use of force in high-pressure situations.
While police had argued that the OC spray was used as an "effective crowd dispersal tool," the court heard evidence that the substance's deployment in this specific case was entirely unjustified. Harris' ruling will likely have far-reaching implications for the use of pepper spray by police across Victoria and beyond.