Police Association blasts new laws after drunk man dies in street

The Police Association has lashed out at new public drunkenness laws after the death of a man who was left in the street instead of being taken to a sobering-up centre.

A man was hit and killed by a car in Melbourne’s west on Thursday night after police found him wandering drunk but were unable to take him away for his own safety.

The Police Association lashed out after he was left in the street instead of being taken to a sobering-up centre by health workers, as is the model under new public intoxication laws.

The victim, 34, was found by police wandering drunk near Black Forest Rd and Brimpton Grove in Wyndham Vale at 5am on Friday.

But officers were unable to arrest and take him to a station under the new laws introduced last year.

After spending an hour with him and even cooking him a bowl of spaghetti, they were called to another job.

The man was struck by a Honda Accord on Black Forest Rd.

He had been lying down when he was struck.

Police at the scene of the tragedy on Black Forest Rd and Brimpton Grove in Wyndham Vale. Picture: 7News

Police Association secretary Wayne Gatt said the union was fully supporting the members involved, who had worked to protect someone but were prevented from doing so by the public intoxication laws.

“A man is dead and the community should be asking the questions that we were asking three years ago and have been asking every day since. Our thoughts are with the man’s family and with our members who will all be traumatised by this preventable tragedy,” Mr Gatt said.

He branded the death as “tragic, unnecessary and entirely preventable.”

“My members are not the people responsible for this death,” he said.

The two police officers bought the man home, attempted to get him to drink water, and even made him a bowl of spaghetti before trying to call other carers then a sobering up centre who said they would attend.

Police Association secretary Wayne Gatt says the union is fully supporting the members involved. Picture: Jake Nowakowski

Shortly after the centre called back and said they were under resourced and not able to help.

Police then were called away to another job.

“I am not sure what else they could have done,” Mr Gatt said.

“They did what they could with the tools available and the one that was missing was the one that was taken away from them.”

Mr Gatt said the police union had predicted this scenario and had worked as hard as they could to prevent the situation.

“We have had several close calls in the last seven months since the reforms have been introduced,” he said.

“No one can say they did not see this coming.”

The Herald Sun has been told those who were contacted by police to deal with the man were unwilling after having previous dealings with him.

Police have previously been warned internally that they should not be transporting drunks.

Some officers have found themselves under investigation after trying to get the intoxicated off the street.

One veteran officer said the law was an over-reaction to the death in police custody of one person.

“We’ve had to wear the consequences,” he said.

The police union has called for a safety net to be in place when the health system fails.

“Many places we serve are far away from any of the sobering up centres,” Mr Gatt said.

“Even when they are close, these systems can break down.”

Mr Gatt said the man could have been taken to the cells until the sobering up centre was able to collect him and provide care.

“I am confident that this man would still be alive if police had the power to do more.”

The state government has gradually rolled out sobering-up sites across the state. Picture: Supplied

Victoria Police confirmed it received a triple-0 call at 3.20am about a man lying on the road.

“Police attended the scene and engaged with the male however after almost an hour of engaging with him, police left the man at his home address,” a statement said.

Investigators from professional standards command have been notified of the incident and a report will be prepared for the State Coroner.

The state government has gradually rolled out sobering-up sites in Geelong, Ballarat, Bendigo, Shepparton, Mildura, Swan Hill, the Latrobe Valley and East Gippsland.

But they have sat largely empty since, housing an average of three people per day.

They were created after the decriminalisation of public drunkenness.

It is now no longer an offence to be intoxicated in public, meaning police cannot arrest or detain those people.

Premier Jacinta Allan said her thoughts were with the deceased man’s family but repeatedly declined to answer questions about who was responsible for the death.

She said it would be “deeply inappropriate” to comment or speculate on “what may or may not have occurred”.

“This is a terrible incident, a tragic incident, and we should remember there are family members who will be grieving the loss of a loved one in really tragic circumstances,” she said.

“I want to make it really clear, I will not be commenting or speculating on what may or may not have occurred because I’m not going to cut across that independent investigation.

“I want to understand what has occurred here, what has led to this situation, and what has led to a family grieving today, the loss of a loved one.

“That would be deeply inappropriate, deeply disrespectful to a family today who is grieving the loss of a loved one.”