Police officers found guilty of assault on pensioner
THREE Victorian police officers are facing jail after being found guilty of assault following a “waterboarding” incident during a welfare check on a pensioner.
Senior Constables Brad McLeod and Florian Hilgart, and Constable John Edney had contested the allegations, claiming they were performing police duties when they punched, pepper-sprayed and hosed the man in the face at his
Preston home in 2017. They said they feared the man, only known as John, had a weapon and was going to attempt suicide by police; that he was being aggressive, yelling and refused to open his door.
But Magistrate Cathy Lamble, at Heidelberg Magistrates’ Court on Friday, ruled their actions unreasonable.
She said CCTV showed John was “like a jellyfish” under six officers as they pushed him to the ground.
He was not resisting or attempting to bite or spit at them, she said.
Ms Lamble found Edney guilty of two counts of unlawful assault for whacking John’s legs with his extendible baton six times while five other officers were on top of him, and then standing on his head in a move he claimed was to stop him spitting on them.
McLeod was found guilty of three counts of unlawful assault for his “malicious” actions in deploying capsicum spray in John’s face, and encouraging Hilgart to spray him with the high-pressure hose so he could film it.
Hilgart’s actions by spraying a wet and cold John with the hose the third time made him guilty of one count of unlawful assault, she said.
Unlawful assault carries a maximum penalty of three months. But the legal teams for all three officers said a 12month good behaviour bond would be more appropriate.
Ms Lamble will sentence the trio on July 29.