Melbourne swingers club patron says he did not notice police officers until they shot him

A man performing oral sex on a woman in a Melbourne nightclub has said he did not know police officers were there until they shot him in the back.

Dale Ewins, 35, and Zita Sukys, 37, lodged a statement of claim in the supreme court of Victoria on Tuesday seeking damages from the state of Victoria over the police shooting at the Inflation nightclub in the early hours of 8 July.

Police stormed the King Street nightclub after what they later said were reports of a man armed with a gun in an upstairs room.

Attending a fancy dress event, Ewins was carrying a fake gun as part of his Joker outfit, while Sukys was dressed as the Suicide Squad character Harley Quinn.

Ewins was shot twice in the back, suffering a perforated bowel and fractured left shoulder, and Sukys was shot twice in the leg, which needed surgery. They are suing for lost earnings and earning capacity.

According to court documents, the couple were engaged in oral sex

in the back corner of the club’s first floor.

“The plaintiff was unaware of the presence of police members,” a statement on behalf of Ewins reads. “The plaintiff was [then] tasered multiple times after he had been shot twice and was bleeding internally and was at risk of death.”

Police handcuffed him, stood on his hands and threw him against walls, the statement says. Ewins claims at no time did police tell him if he was under arrest or why.

According to his statement of claim, Ewins suffered psychiatric injury and has required surgery. He has denied posing any threat or danger and has denied pointing a gun at police officers.

Sukys claims her gunshot wounds to her right knee and thigh have required plastic surgery and says she also suffered a fractured bone, a right wrist injury, scarring and psychiatric injury. She claims police harassed her with questioning while she was being treated in hospital.

The pair also say Victoria police gave their names and addresses to the media and falsely claimed Ewins aimed a gun at them.

Photograph: James Ross/AAP Dale Ewins and Zita Sukys are seeking damages from the state of Victoria after they were shot by police at the Inflation nightclub in Melbourne.