Accused police must give evidence at IBAC
Two Ballarat police officers accused of using excessive force with a mentally ill woman must give evidence before Victoria's corruption watchdog.
The senior constables launched a legal challenge to the anti-corruption commission's April 1 summons, arguing they wouldn't get a fair trial if forced to give evidence in public.
The male and female officers, who were stood down in April, have not been charged but are alleged to have kicked and stomped on the woman after she was arrested for public drunkenness on January 15.
They were summonsed by the Independent Broad-based Anti-Corruption Commission in April to give evidence in an investigation into alleged police misconduct, unnecessary force and excessive force towards vulnerable people at Ballarat.
An affidavit of IBAC's Operations Division director Robert Sutton alleges the woman was sprayed with capsicum foam, handcuffed then forcibly strip searched in the presence of both male and female police officers.
The two officers, Plaintiff 1 and Plaintiff 2, are then alleged to have stomped on and kicked the woman, according to the affidavit.
It was alleged CCTV footage from the night shows Plaintiff 2 kicking the woman, and Plaintiff 1 standing on the back of her left knee, her ankles and then stomping on her left calf.
It is also alleged the woman wasn't given a blanket, even though she was wet after having showered to wash away the capsicum spray and had to fill a cup from the cell toilet after telling the police officers the tap didn't work.
Lawyers for the officers have previously argued that forcing officers to give evidence at IBAC that might incriminate them and could affect their right to a fair trial.
Victorian Supreme Court Justice Peter Riordan on Friday dismissed their motion and ordered that the police officers pay court costs.
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