Published on Monday 17, February 2025
Melbourne, Victoria: In a first of its kind class action, the trial against the Victoria Government regarding Victoria Police’s use of excessive force against protestors at the 2019 International Mining and Resources Conference (IMARC) commenced in Melbourne this morning.
The class action was filed on behalf of the protestors, including lead plaintiff Jordan Brown, by law firm Phi Finney McDonald and the Police Accountability Project at Inner Melbourne Community Legal. Mr Brown is arguing that the use of oleoresin capsicum spray (OC Spray) on himself and other group members by police was unlawful, and there was no immediate or proportionate threat to police officers or the public.
In addition to seeking damages for the Lead Plaintiff and eligible group members, the class action aims to protect all Victorians from fear of heavy-handed police tactics when exercising their right to protest.
Inner Melbourne Community Legal Director of Legal Practice Indya McMahon said:
“Victoria police need to be held accountable for their actions and decisions and we are hopeful that one of the outcomes of this trial will be greater accountability when it comes to use of excessive force.”
“People should be able to gather and protest without the fear of excessive police tactics.”
Grahame Best, Special Counsel at Phi Finney McDonald leading the case, said the class action would shine a major spotlight on the actions and decisions made by Victoria Police during the protests at IMARC in October 2019.
“Capsicum spray causes immediate, debilitating pain and can cause significant injuries. It is for that reason that Victoria Police’s own manual states that capsicum spray should only be used in limited circumstances including situations of violence or serious physical confrontation. The Police’s response must be proportionate to the situation.”
“We’re proud to be representing Mr Brown and all affected protestors in this class action. “The harm and injuries suffered by the protestors included acute burning of eyes and skin, distress, trouble focusing, blurry vision, extreme itchiness, irritation, sensitivity to light, redness and pain, distress, fear and psychiatric injury.”
This is the first class action against Victoria Police in relation to excessive use of OC spray and could set a precedent for how Victoria Police utilises OC spray in the future including at protests.
Background
Between 29 and 31 October 2019, protestors demonstrated outside the IMARC conference in Melbourne to protest environmental and human rights issues related to the mining industry.
A large police presence attended the protest and at times protestors were sprayed with capsicum spray.
Media contact:
Angela Bell, Inner Melbourne Community Legal, info@imcl.org.au
Please note, class action plaintiff Jordan Brown will not be available for interviews while the trial is underway.