Victoria Police claims Inflation nightclub shooting ‘lawful self defence’
VICTORIA Police has launched a strong defence of its Critical Incident Response Team members after they shot a couple dressed as comic book villains during a swingers’ party in the CBD.
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VICTORIA Police has launched a strong defence of members of its Critical Incident Response Team who shot a couple dressed as comic book villains during a swingers’ party in the CBD.
They say a man dressed as the Joker pointed a firearm at officers before he was shot at the “Saints and Sinners” event at Inflation nightclub in what was “lawful self-defence”.
The officers were placed in “immediate fear for their lives” by the man’s actions, police claim in defence documents lodged in the Supreme Court.
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Lawyers for Dale Ewins and Zita Sukys told the Herald Sun in September the couple had “the most significant police shooting compensation claims in the history of the state of Victoria”.
The couple was shot by members of the CIRT at 3.54am while engaged in a sex act in a corner of the first floor of the club. Ms Sukys, dressed as Harley Quinn, was shot in the right thigh and right knee, while Mr Ewins was shot twice in the back.
The police documents state Mr Ewins was shot after he reached under a cushion and took hold of what appeared to be a firearm.
Before the shots were fired, police claim (CIRT member) Sanders “yelled twice to the plaintiff (Ewins), ‘Lay down on your stomach’ ... the plaintiff continued to look towards Sanders, (he) reached under a cushion on the couch and took hold of a weapon which appeared to be a firearm”.
They say “the plaintiff then swung the weapon around” to point the gun at Sanders.
In the “reasonable belief” that it was a real gun and being in fear of their lives, Sanders fired one round and (CIRT colleague) Reid fired two rounds, the documents state.
Officers arrived after reports that a man inside had a gun. The police admit there was “conflicting information” on whether it was a fake gun.
Mr Ewins and Ms Sukys launched legal action with the help of Arnold Thomas & Becker in September against the force.
They told the Herald Sun they hoped “Victoria Police improves the training of police officers handling guns”.
Mr Ewins also claims he was bashed by officers after being shot, and before he was put in an ambulance.
In its defence, Victoria Police claimed all force used was in self-defence and “not disproportionate”.
Mr Ewins was punched in the head and tasered by officers following the shooting, which the police also claim was a proportionate response to the situation.
The police defence document states: “The plaintiff himself produced a situation which made it practically impossible to provide him information concerning the arrest … the circumstances were such that the plaintiff must have known the general nature of the alleged offences for which he was arrested.”
The police deny that Mr Ewins is entitled to “exemplary damages and/or aggravated damages”.
The injuries suffered by Ms Sukys were, the police defence states, “the unintended consequence of a lawful use of force in self-defence against the threat posed by Mr Ewins”.
He categorically denies pointing the toy gun at police before he was shot. Video footage of the incident is unclear.
Members of the Armed Crime Squad are investigating the shooting. The Independent Broad-based Anti-corruption Commission has launched a separate inquiry.