A man who was shot at from point-blank range by a police officer after refusing to get out of his car at a service station is suing the Victorian government, claiming he did nothing to justify the shooting.
Peter Lowe made the short trip from his home to the service station one evening in August 2020. He came to the attention of police after driving for less than a minute along the Princes Freeway in Melbourne’s west.
A marked police car passed Lowe’s white Holden Commodore while it was parked next to a bowser at an Altona Meadows service station, before two officers walked towards the side of the vehicle, CCTV footage of the incident shows.
With his hand on his holster, Senior Constable Sean Benjamin repeatedly ordered Lowe to get out of his car, but the now 67-year-old started the vehicle and placed his hands on the steering wheel, according to Lowe’s statement of claim.
Benjamin then pointed his gun at the driver before firing a single shot from close range.
“I’m lucky he’s a bad shot, or I wouldn’t be here now,” Lowe told The Age.
CCTV footage of a member of Victoria Police shooting at Peter Lowe from close range while parked at an Altona Meadows petrol station.
He said he remembered the flash from the gun’s muzzle and the bullet narrowly missing his head.
“I had glass in my eyes, I had cuts on my face and my ears were ringing. And then, I guess I just panicked.”
Lowe claimed he thought he was being carjacked and fled the scene, despite both officers wearing full uniform, including high-visibility bibs that identified them as police.
After a short car chase, Lowe was arrested and charged with a range of serious offences, including recklessly exposing an emergency worker to risk by driving. That charge was later dropped, but he was sentenced to six months in prison.
CCTV footage of a police officer after shooting at Lowe, as Lowe drives away.
Lowe admitted to having a long criminal history, including previous convictions for assault and driving offences, but insisted he did nothing to justify being shot at.
He was left severely traumatised by the incident and suffers from tinnitus, according to the statement of claim filed by Robinson Gill Lawyers in July.
Lowe will also pursue aggravated damages from the state because of statements made by Benjamin after the incident.
“Benjamin made a sworn statement on August 19, 2020, that falsely asserted that the plaintiff had either intentionally or recklessly driven the plaintiff’s vehicle towards him and that was relied on to charge the plaintiff with ‘recklessly expose emergency worker to risk by driving’,” the court documents say.
“Benjamin stated that he had felt in immediate fear for his life and safety when he discharged a bullet from his firearm.”
A Victoria Police spokeswoman said the shooting had been thoroughly investigated.
“Victoria Police can confirm the matter was investigated by Professional Standards Command, and as a result of a disciplinary investigation, a senior constable was provided workplace guidance,” she said.
Robinson Gill principal solicitor Jeremy King declined to comment while the matter was before the court.
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