Pair of Victoria Police officers accused of wrongfully imprisoning drink-driver to stand trial
Two Victorian police officers will stand trial over allegations they locked a man in a cell against his will before he self-harmed after he was taken to a police station for a breath test.
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Two Victorian police officers will stand trial over allegations they wrongfully imprisoned a drink-driver.
Senior Constables Russell David Thorley, 43, and Kristy lee O’connor, 41, are accused of locking the man in a cell against his will after he was taken to Nhill Police station in the state’s west for an evidentiary breath test on January 26, 2022.
Melbourne Magistrates’ Court heard usual practice would have been to place the man in an interview room to undergo further testing as he was not considered under arrest.
He had a right to refuse the breath test and leave the station whenever he wanted, the court heard.
The two officers pleaded not guilty to a single charge of unlawful imprisonment, and argued they had no case to answer because the man consented to going in the cell.
But magistrate Stephen Ballek on Wednesday ruled there was sufficient evidence for a jury to convict them, and ordered they stand trial in the County Court.
“It seems to me the decision to place him in the cell was deliberate,” Mr Ballek said, adding it was a clear attempt to keep the man contained and prevent any potential trouble.
“A jury could find the depravity of liberty was intentional and there were no reasonable means of escape.”
Mr Ballek noted the complainant was later let out of the cell after agreeing to undergo a breath test, but could be seen rolling his shoulders and closing his hands into fists by his side.
Senior Constable Thorley’s body-worn footage allegedly showed him “using force” to push the man back in the cell.
“You can f---ing stay in there,” Senior Constable Thorley allegedly said, before locking the cell door again.
The man, who had mental health issues and was on a cocktail of pain medications from recent heart surgery, went on to self-harm in the cell in what was described by one senior officer as “one of the most traumatic scenes” he had seen.
“I’m going to get you for this,” the complainant reportedly said during his outburst.
He had testified in court how he didn’t know the reason he was being put in a cell, and that he doesn’t like confined spaces.
“I wasn’t happy,” he said. “I was just put in a cell, that’s what it felt like to me.”
He said he had a friend who was assaulted by police at a station, so that played on his mind.
“I’m always worried something might happen at the police station and I will get stuck in there,” he said.
He initially claimed he had two beers with mates before driving that day, but when pressed further, he said: “I think there could have been a couple of more after that.”
Senior Constables Thorley and O’Connor are on bail, and will appear in the County Court next month.
Originally published as Pair of Victoria Police officers accused of wrongfully imprisoning drink-driver to stand trial
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