Media Statement 16 January 2008

Federation disappointed that baton charge on peaceful protesters found to be justified

The Federation of Community Legal Centres co-ordinated a Human Rights Observer (HRO) team of 28 trained observers to monitor the police response to protests at the G20 Summit 17-19 November 2006.

The HROs recorded observations of incidents during the protest and took statements from protesters and others in connection with the police response. On 7 December 2006, 3 protester complaints and a statement by an HRO were provided to the Office of Police Integrity (OPI) for investigation in connection with an incident at the Melbourne Museum.

The HRO witness statement reads: “A small group of protesters (between 30 and 40 people) were singing and chanting while standing in the sliding doors of the Melbourne Museum. They were holding the doors open and some protesters were keeping time with the chant by drumming on the glass with their open hands. There were three police standing to the left of the protesters watching. Protesters were also drumming on drums, playing guitars and trumpets and many were dancing. From behind the protesters (from a blind spot) about 15 police ran into the area without warning (there were no warnings given at all. I was standing back from the protesters observing and the first I knew about a police presence was when they ran past me). When the police came in contact with the protesters they started physically hitting protesters and moving them away from the doors. The protesters were caught in a bottleneck…The police hit out at many of the protesters, scattering them, and numerous protesters found themselves having to defend themselves against police hitting them with batons.”

On 14 January 2008, the Federation was advised by the OPI that the complaints over the Museum incident had been investigated by the Police’s internal investigation unit and were found to be unsubstantiated.

The OPI’s report appears to accept that:
- the protesters were protesting peacefully;
- no warning was given prior to a running baton charge by the police;
- police used batons on protesters;
- a pram was knocked sideways during the charge and a woman was injured and taken to hospital.

Despite this, the OPI found that the use of force by police was justified because police “suspected a breach of the peace may occur”.

The Federation is disappointed in the outcome of the investigation. The OPI’s finding appears to accept that a baton charge without warning on peaceful protesters is justified. The Federation strongly believes that police should have first requested protesters to move from the Museum entrance and warned them that force would be used if they did not comply. Adequate warnings and proper communication with protesters will reduce the risk of injury to protesters, police and bystanders in future protests.

Further, the OPI’s finding ignores video footage of the incident which appears to show police running at the protesters using batons in an overhead striking motion. It ignores apparent breaches of Victoria Police’s Crowd Control Guidelines.

The Federation believes that it was inappropriate for this investigation to have been conducted by the Police’s own internal investigation unit. Police should not be investigating allegations of misconduct against other police.

The OPI has stated that an investigation into a separate incident involving the arrest by plain clothes officers of a man who was not participating in the protests has not been finalised.

POLICE have been cleared after an investigation into violence at the G20 riots in Melbourne 14 months ago.

The police ethical standards department wrote to the officers this week, telling them they would face no action over allegations laid by protesters at the forum of economic leaders that they used excessive violence.

The accusations stem back to November 2006, when police clashed with some anti-G20 protesters outside the Melbourne Museum.

The main allegations were believed to be that police used dangerous overhead baton strikes and did not issue warnings before force was used.

Witnesses were still being interviewed and security footage being examined as late as last month as part of the marathon probe.

The Herald Sun revealed in January last year that the officers — a sergeant, a senior constable and four constables — were under investigation.

Trouble flared when protesters turned up at the museum for what was meant to be a top-secret visit by two G20 delegates.

The Federation of Community Legal Centres lodged complaints with the Office of Police Integrity over the police actions.

The OPI then asked the Victoria Police ethical standards department to investigate the claims.

A Victoria Police spokeswoman said the members were never under formal investigation and were only assisting as witnesses.

Police Association assistant secretary Bruce McKenzie said he was pleased the police officers, who had been thanked by federal authorities for acting professionally, were finally cleared.

"However, it is very disappointing that our members should have this matter hanging over them for over 14 months," he said. "A delay of this magnitude smacks of a resourcing problem at ESD that should be remedied as a matter of urgency."

Insp McKenzie said the association was also concerned that, despite getting the all-clear from both ESD and the OPI, any further review had not been ruled out.

"This makes it difficult for them to move on and put this whole episode behind them," he said.