Swingers pair to sue police over shooting

A couple shot by police at a swingers' party at a Melbourne nightclub in July are suing Victoria Police.

Dale Ewins, 35, and Zita Sukys, 37, will lodge a statement of claim with the Supreme Court on Monday, the Sunday Herald Sun reported.

Officers stormed the Inflation nightclub at 3am on July 8 and shot Mr Ewins and Ms Sukys after saying they received a call about the gun, which was part of the man's costume as The Joker.

Police shone the torch on the couple before opening fire less than six seconds later, hitting Mr Ewins in the back and Ms Sukys twice in the leg.

Police claim Mr Ewins was pointing a gun at them and refused to lower it before they fired the shots.

CCTV footage, shot from outside the room, is not clear enough to determine if he was holding a gun.

Mr Ewins and Ms Sukys will be seeking damages for pain and suffering, loss of earnings and medical expenses and claiming “aggravated and exemplary damages” based on the actions of the police.

Mr Ewins and Ms Sukys have been recovering from their injuries. Mr Ewins reportedly had to have part of his bowel removed as a result of being shot in the back. He has also undergone several operation to reconstruct this shoulder.

Ms Sukys also required extensive surgery.