Cops found guilty of Melbourne pensioner assault to appeal
Two police officers who were found guilty of assaulting a Melbourne pensioner are set to take the matter to court again.
Two policemen found guilty of assaulting a Melbourne disability pensioner in his front yard are set to appeal.
Senior constables Brad McLeod, 35, and Florian Hilgart, 42, were found guilty of unlawful assault charges at the Heidelberg Magistrates Court in July.
They were found guilty of assaulting the pensioner, named John, outside his Preston property in 2017 after they were called for a welfare check.
A third policeman, John Edney, was also found guilty but is not set to appeal.
Because of delays in getting the transcripts, the appeal would not go ahead until at least February, the Victorian County Court was told on Thursday.
The pensioner and Mr McLeod are expected to be called as witnesses in the case, lawyer Rahmin de Krester said.
The officers used unjustified force when they pinned down the pensioner, magistrate Cathy Lamble found earlier this year.
The pair were ordered to be of good behaviour for 12 months, and Mr McLeod was ordered to pay a $3000 fine, while Mr Hilgart had to pay $1000.
They did not have a conviction recorded.
Mr McLeod pepper-sprayed and punched the pensioner in the stomach and was also found guilty of directing his colleague to spray the man with a high-pressure hose.
Mr Hilgart sprayed the man twice, but it was third time the magistrate found unlawful.
Victoria Police say the matter is still subject to an internal disciplinary process and the three officers remain suspended.