Victoria Police settlement with Daniel Peterson-English not enough says lawyer

Victoria Police has settled out of court with a mentally ill Indigenous man who was assaulted by an officer — but the “frail” man’s lawyer wants more done.

Victoria Police has reached a confidential settlement with a mentally ill man one of its members slammed into concrete at Flinders Street Station.

The force came to an out-of-court resolution with Daniel Peterson-English over the sling-tackle by Acting Sergeant Beau Barrett, which left him unconscious after his head hit the floor with a sickening impact.

The terms of the settlement remain confidential and Mr Peterson-English’s lawyer Kim Bainbridge and police have declined to comment.

A criminal case against Acting Sgt Barrett was discharged at a committal hearing in Melbourne Magistrates’ Court last week, meaning he will not face trial over the 2021 incident.

But Mr Peterson-English’s lawyer and his mental health social worker say the Office of Public Prosecutions should consider taking the matter further.

Acting Sergeant Barrett – who was charged with assault and recklessly causing injury – approached him from behind, grabbed him and slammed him to the floor, causing heavy head contact.

Mr Bainbridge, a personal injury lawyer, said police had every opportunity to deal with the incident before it reached the railway station climax.

“The prosecution should reconsider the matter but that’s up to them,” Mr Bainbridge said.

“I fully appreciate the provocation police are subjected to on a daily basis but I don’t see the justification for what he did. There was more than enough there to show he was mentally ill. There was an array of other options.”

Footage of the incident was shared on social media.

Mr Peterson-English’s mental health social worker Donna Zander said her client, who has battled mental health issues for over a decade, was devastated by the charges against Acting Sgt Barrett being thrown out.

“It was clear he had mental health issues. Where was the mental health assessment. Why wasn’t he pepper-sprayed (if he was a threat),” Ms Zander said.

“Look at the size of this guy (Sergeant Barrett) and look at Daniel. He’s frail. There was an inappropriate use of force.”

Ms Zander said Mr Peterson-English, 30, had gone to the city not as part of the anti-lockdown protests, which were gripping Melbourne at the time, but because of the earthquake which had happened that morning.

He had no one to care for him at home and he had left without taking his antipsychotic medication.

Despite having a mask exemption letter, he was fined for not covering his face, in line with chief health officer regulations, and this had left him heavily agitated.

The experience had left Mr Peterson-English with ongoing trauma, Ms Zander said.

The court was told he barked at officers and called them “pigs” and “dogs” during multiple interactions with police and protective services officers at the station.

Ms Zander said she and her client were grateful to whoever had filmed the incident on their phone, footage that went viral and generated a major public outcry.

“We want to thank the person who filmed that and shared it,” she said.

“Dan is a sensitive and caring young man who is indigenous and found lockdowns difficult as he struggled to access mainstream mental health services.”

Sergeant Barrett is currently suspended without pay.

His conduct will be the subject of a professional standards command investigation.