Victoria’s anti-corruption watchdog has charged two Victoria Police officers with assault following an arrest last year in which a man was allegedly struck repeatedly in the head with a Taser and kneed by officers. Both officers remain on active duty, Victoria Police has confirmed, while the matter proceeds through the courts.
The charges were laid by the Independent Broad-based Anti-corruption Commission (IBAC), which investigates allegations of serious police misconduct in Victoria. It is a rare instance of the watchdog itself bringing criminal charges against serving officers, rather than referring findings back to Victoria Police for internal action.
What IBAC alleges happened #
IBAC alleges the incident occurred during an arrest in Melbourne last year, in which an Indigenous man was allegedly struck multiple times in the head with a Taser by one officer. A second officer is alleged to have kneed the man in the same incident. Court documents allege the strikes formed part of the arrest process, though the full circumstances of what led up to it are yet to be tested before a court.
Both officers have been charged with assault. Neither has entered a plea, and the matter is yet to be tested in court. VCN understands the charges relate specifically to the force allegedly used during the arrest, rather than to the lawfulness of the arrest itself, though that distinction may be examined as the case proceeds.
Under Victorian law, a charge is not evidence of guilt. Both officers are presumed innocent until proven guilty in a court of law, and it will be for a court to determine whether the force used was lawful, proportionate and consistent with Victoria Police’s use-of-force policies.
Officers remain on duty #
Victoria Police has confirmed the two officers involved remain on active duty despite the charges. This is not unusual in Victorian policing — officers charged with criminal offences are not automatically stood down, and decisions about suspension or restricted duties are generally made on a case-by-case basis, taking into account the nature of the allegations and any risk to the public or to the integrity of an investigation.
Victoria Police said in a statement that it was aware of the charges and would not comment further while the matter was before the courts. The force has previously said it cooperates with IBAC investigations into police conduct and takes allegations of excessive use of force seriously.
The decision to keep both officers on duty is likely to draw scrutiny from Aboriginal community organisations and legal groups who have long raised concerns about the treatment of Indigenous Victorians in police custody and during arrests. VCN understands community advocates are watching the case closely.
How IBAC’s powers work #
IBAC is Victoria’s primary anti-corruption body, established to expose and prevent public sector corruption, including serious police misconduct. Unlike Victoria Police’s own Professional Standards Command, IBAC operates independently of the force it is investigating, which is significant in cases involving allegations against serving officers.
IBAC has the power to investigate, gather evidence and, in some circumstances, refer matters for prosecution or lay charges directly. Its investigations can run in parallel with, or separately from, any internal Victoria Police disciplinary processes. A finding or charge from IBAC does not preclude separate internal action by Victoria Police, and the two processes can produce different outcomes.
The watchdog has faced its own scrutiny in recent years over the pace and resourcing of its investigations into police conduct, with some matters taking years to reach a charging decision. This case, involving an arrest last year, has moved through IBAC’s process relatively quickly by comparison.
Use of Tasers by Victoria Police #
Tasers, formally known as conducted energy devices, have been carried by general-duties Victoria Police officers since a phased rollout beginning in 2017, following a trial that started years earlier. Their introduction was intended to give officers a less-lethal option for subduing people who pose a risk of harm to themselves or others.
Victoria Police policy dictates that Tasers are to be used as a firearm-style discharge against the body, aimed generally at the torso or limbs, rather than as a striking weapon against a person’s head. Allegations that a Taser was used to strike a person’s head — rather than discharged as intended — go to whether the use of force in this case was consistent with that policy, a question the court will ultimately need to consider.
Concerns about Taser use and its disproportionate application against Aboriginal and Torres Strait Islander people have been raised previously in Victorian coronial inquiries and by IBAC itself in past reports examining police use-of-force data. Aboriginal Victorians are significantly over-represented in police custody and use-of-force incidents relative to their share of the population, a pattern documented by the Victorian Ombudsman and IBAC in prior public reports.
What happens next #
The two officers are expected to appear in court at a date yet to be confirmed. As with any criminal matter, the prosecution will need to establish its case beyond reasonable doubt, and the officers will have the opportunity to respond to the allegations through their legal representatives.
VCN will continue to follow the case as it moves through the court system. We will not speculate on the outcome, and we will report only what is established in evidence before the court or confirmed by IBAC and Victoria Police in official statements.
The matter is currently before the courts. All persons charged are presumed innocent until proven guilty in a court of law.
Support and information #
Readers seeking support or information relating to this story, or to police contact more broadly, can access the following services:
- Crime Stoppers Victoria: 1800 333 000
- Lifeline: 13 11 14
- 13YARN (Aboriginal and Torres Strait Islander crisis support): 13 92 76
- Beyond Blue: 1300 22 4636
Readers wishing to raise concerns about police conduct can contact IBAC directly via its website, or Victoria Police’s Professional Standards Command.
