Three years on from Covid lockdown protests Judge Liz Gaynor of the County Court slams police for responding with ‘unjustified violence’
In a shock decision, a judge has ruled that Victoria Police used “unlawful” and “unjustified force” against anti-lockdown protesters during the Covid-19 pandemic.
County Court Judge Liz Gaynor ruled that police were the “aggressors” at a protest in Melbourne on May 29, 2021, which left a man with a dislocated arm.
Victoria had some of the strictest lockdown conditions in the world at the time, including people only being allowed to move within five kilometers of their home for shopping or exercise, and the ban on public and private gatherings.
At the May 29 rally in Flagstaff Gardens, police officers far outnumbered the 150 protesters who showed up, more than a dozen of whom were arrested for offenses such as assault and violating the chief health officer’s directions.
Jason Reeves, Nicholas Patterson and Adam Roob were each thrown to the ground and arrested during the protest after being asked to leave. Herald Sun reported.
In a shock decision, a judge has ruled that Victoria Police used “unlawful” and “unjustified force” against anti-lockdown protesters during the Covid-19 pandemic. A protester is pictured being removed from a rally in Melbourne
Victoria had some of the strictest lockdown conditions in the world during the pandemic, including people only being allowed to move within 5km of their home for shopping or exercise, and the ban on public and private gatherings. An anti-lockdown protest in Melbourne is pictured
Judge Gaynor said the men’s arrests were unlawful and they had done nothing to justify the violent reaction captured on police body-worn cameras.
Mr Reeves was punched in the face by police and thrown to the ground in what the judge said was an ‘immediate and violent’ response.
Mr Patterson and Mr Roob said they tried to defend Mr Reeves and were pepper-sprayed and thrown to the ground, with Mr Paterson’s arm dislocated during the scuffle.
Mr Roob and Mr Patterson were in court on charges including common assault and assaulting an emergency worker on duty.
But the judge ruled that the police evidence was inadmissible because “the police, through their unlawful use of force, provoked the response from the suspect that underlies the charge they now face.”
Judge Gaynor said police had several options to deal with the pair, such as issuing infringement notices or telling them they were breaching restrictions and should be arrested.
‘However, the police chose not to respond in that way. “I am satisfied that the police used unnecessary and unjustified force in arresting Mr Reeves.”
She said video of the group in the 30 minutes before the arrest did not indicate they would be violent and that she was “satisfied that (the police) were the aggressors in the situation and that they used unjustified force against Mr. Reeves.” .
County Court Judge Liz Gaynor ruled that police were the “aggressors” at a protest in Melbourne on May 29, 2021, which left a man with a dislocated arm. A man is pictured being held by police during a protest in Melbourne
Protesters are photographed being pepper-sprayed during an anti-lockdown protest in Melbourne
The judge said police did not speak to him and tell him he was under arrest or why he was being arrested, but instead “confronted, pushed and assaulted him before taking him to the ground.”
She also found that Mr Paterson and Mr Roob ‘underwent physical intervention’.
Victoria Police declined to comment on the cases when contacted by Daily Mail Australia.
The Victoria Office of Public Prosecutions has also been contacted for comment.