A Supreme Court judge has awarded $54,000 in damages to a protester who sued police over their use of OC (capsicum) spray at a protest in 2019.
Jordan Brown was sprayed twice by two separate officers at the IMARC mining conference at the Melbourne Exhibition Centre, as police attempted to disperse a group blocking the arrest of two protesters who had climbed a pole.
Mr Brown is the lead plaintiff in a class action from protesters claiming police use of capsicum spray on the day was unlawful and excessive.
Justice Claire Harris found that the use of OC spray constituted a battery, causing Mr Brown physical injury and contributed to psychological injury.
Protesters and police clashed at outside the Melbourne Exhibition and Convention Centre in 2019. (AAP: Craig Golding)
She further found that its use “constituted cruel and degrading treatment”, and limited Mr Brown’s rights to freedom of movement, and right to peaceful assembly.
She also found that its use was a breach of the Human Rights Act.
Police argued officers used the spray in self-defence, but Judge Harris found that self-defence had not been established, and its use at the IMARC protest was not proportionate.
But the judge said the decision was not a precedent for Victoria Police’s use of OC spray.
“The evidence will not set a precedent for every other case,” Justice Harris said. “It’s important it is limited to these plaintiff’s circumstances, and the circumstances of this proceeding.”
Mr Brown’s lawyer, Grahame Best, said the decision followed a “hard-fought battle over many years”.
“It was a very important case to bring to test the boundaries of police’s power to use capsicum spray at protests,” he told media outside court.
He said claims for the rest of the plaintiffs in the class action were still pending.
“We think there’s a good claim for most if not all of them,” he said.
Michelle Reynolds, director of policy and advocacy at Inner Melbourne Community Legal, said it was a “landmark decision”.
“The [class action members] suffered significant harm and trauma at the protest and they’ve undertook this complex litigation for over six years now,” she said.
“It shows that when police take actions there are consequences for their actions.
“For now, we’d like Vitoria Police to look closely at this decision … and take heed of allowing and ensuring people can enjoy and have the democratic right to protest safely, without incurring police harm.”