News / Crime
Pepper spray used in Brunswick man’s arrest
Calls for independent investigation into incident after which a man died
Mark Phillips
POLICE have confirmed that capsicum spray was used earlier this month during the arrest of a man in Brunswick who later died in hospital.
The man’s death four days after he was arrested by police has led to calls for an independent investigation into the circumstances of the incident.
Police confirmation of the use of capsicum spray on the man followed an eyewitness account that contained new details of the incident.
The witness, who Brunswick Voice has chosen not to name, claimed the man was restrained with a knee on his neck and sprayed twice by police before being put into an ambulance and taken to hospital in the evening of Friday, June 6.
He died in hospital four days later.
The incident is under investigation by the Homicide Squad with oversight by Victoria Police Professional Standards Command. Police say this is standard practice when someone dies after being taken into police custody.
The claims by the eyewitness, who has made a statement to investigating detectives, contain details that were not made public by police when the man’s death was confirmed on Wednesday, June 11.
The official police statement released that day said police officers were called to the intersection of Sydney Road and Albert Street about 9.30pm on Friday, June 6, to assist paramedics with an agitated man who subsequently became aggressive.
That statement was amended several days later to remove all references to the man’s behaviour.
Police said the man was arrested in Sydney Road and was placed in an ambulance but became unresponsive on his way to hospital.
Ambulance Victoria said officers responded to calls to an incident about 9.10pm.
Police did not publicly disclose that the man had been physically restrained nor that capsicum spray was used during the arrest.
The witness said they and their partner called Triple Zero and saw events unfold after police and paramedics arrived.
They said the man was “extremely unwell and in urgent need of medical assistance” and became confused and distressed when police arrived with flashing lights and sirens.
They said their partner had been sitting calmly with the man until police arrived, which was when he stumbled into Sydney Road “out of confusion and fear”.
The witness claimed paramedics initially did not provide any assistance apart from offering the man a foil blanket which he threw away. There are unconfirmed reports it was swept into power lines, and may have been the cause of a minor localised blackout at the same time.
Firefighters responded after callers to Triple Zero reported the sound of an explosion, followed by a loss of power to the area about 9.39pm. They arrived on scene within four minutes to find the local street and traffic lights in blackout.
The incident was immediately deemed under control but firefighters remained on scene to ensure the area was safe at the same time as police, ambulance and workers from Citipower were there.
“The police tackled him on Sydney Road, pinned him down with a knee on the neck and face on the road and then maced [sprayed with capsicum spray] him twice,” the witness said.
“Once the police officers and firefighters got off him, he was not moving and at that point, unresponsive, which is when the paramedics decide to step in and actually do something in the situation.”
The witness claimed they also saw paramedics administering CPR to the man in the ambulance before it was driven away.
Brunswick Voice is not suggesting that the man’s death was the result of police misconduct or wrongdoing.
Police declined to comment on most of the witness’s claims.
“We can confirm that OC spray was deployed during the incident,” a spokesperson said.
“As the matter is subject to current investigation, we’re not able to go into any further detail at this time.”
Oleoresin capsicum spray (OC spray) is considered a non-lethal weapon and is standard issue to frontline police officers.
It commonly causes burning, pain, and tears when it comes into contact with a person’s eyes and can have other temporary health effects including coughing, wheezing and trouble breathing, chest pain, vomiting and gagging, dizziness and in some cases loss of consciousness.
While painful, these symptoms usually subside within 30 minutes and do not usually require medical treatment.
There are also documented cases where capsicum spray can cause respiratory failure, which can be fatal, particularly for people with pre-existing conditions such as asthma.
Police deployment of capsicum spray is governed by strict internal policies and its use must be reasonable and proportionate to their objective.
Anna Nguyen of the Police Accountability Project said an investigation last year by the Independent Broad-based Anti-corruption Commission had identified a number of concerns about police use of capsicum spray.
“IBAC’s report into use of OC Spray found that Victoria Police consistently mischaracterised OC Spray as low-level type force,” she said.
“When incidents of OC Spray misuse have been investigated by police, IBAC found issues with every single investigation. Sixty percent of the investigations did not meet the accepted standard.
“There also appears to be a cultural misunderstanding about the seriousness of OC spray within Victoria Police.”
At this stage the death is being investigated solely by police who will prepare a report for the State Coroner.
Unlike deaths in custody, it is not mandatory for the Coroner to hold an inquest into a police contact death.
But the Coroner does have it within their power to conduct an inquest if the circumstances surrounding the death are unclear or if there are broader issues of public health and safety that need to be examined.
Nguyen said there were inherent conflicts when police investigated their own officers’ actions.
“When a person dies by police, or after police contact, there needs to be a full independent investigation,” she said.
The Police Accountability Project is calling for the introduction of an independent Police Ombudsman in Victoria, similar to that in Northern Ireland, which has the power to take on an investigation as soon as a death occurs.
The author of this article is employed by Inner Melbourne Community Legal, which auspices the Police Accountability Project.
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