Anti-lockdown protesters file legal claims in the County Court over their ‘unlawful’ detention

Protesters are taking legal action after a judge ruled Victoria Police used “unlawful” and “unjustified violence” the day of their arrests during the Covid-19 pandemic.

Several protesters are suing the state over the actions of police at the rally in May 2021. Picture: Alex Coppel

Anti-lockdown protesters are suing the state after a judge ruled Victoria Police used “unlawful” and “unjustified violence” the day of their arrests during the Covid-19 pandemic.

Five protesters – Jason Reeves, Nicholas Patterson, Adam Roob, Samuel Cowley and Judith Buchan – have filed legal claims in the County Court over their “unlawful” detention during a rally near Flagstaff Gardens on May 29, 2021.

More than a dozen protesters were arrested for offences including assaulting police and affray during the protest, which took place amid strict 5km travel bans and face mask requirements.

Among those arrested were Mr Reeves, Mr Roob and Mr Patterson, whose arm was dislocated after being thrown to the ground by police and sprayed with OC spray.

More than a dozen protesters were arrested at the rally near Flagstaff Gardens. Picture: Alex Coppel

Last month County Court Judge Liz Gaynor ruled police were the “aggressors” and “employed unjustified violence” on protesters.

Judge Gaynor said the mens’ arrests were “unlawful” and that they did nothing to warrant the violent police response captured by body-worn cameras.

Each of the five protesters are suing the state over claims their detention was unlawful, breached their human rights and caused them injury, loss or damage.

Mr Patterson was detained for 29 days, including at Marngoneet Correctional Centre, after being treated in hospital for his arm injury.

Nick Patterson was arrested at the rally and detained for 29 days. Picture: Alex Coppel

The others were detained for fewer than seven hours.

Criminal charges have been withdrawn from all five protesters.

They are represented by barrister Bevan-Rhys James, who filed a separate legal claim on behalf of Simon Tomek whose arrest at a Flinders St anti-lockdown protest on June 5, 2021 was also found to be unlawful.

Mr Tomek has accused police of false imprisonment and battery, which resulted in a spinal injury and bruising.

County Court Judge Liz Gaynor ruled police employed unjustified violence on protesters. Picture: Alex Coppel

He claims he was thrown to the ground and repeatedly kneed by police after refusing to disclose his name.

Mr Tomek claims during the assault, an officer said: “You wanna be a smart-arse. You’ll get treated like a smart-arse”.

He was charged with resisting an emergency worker but the offence was discharged, with Magistrate Simon Zebrovski last year ruling his arrest as unlawful.