- VicPol trespass upon a young man with autism whilst travelling on a skateboard in Spring Street Melbourne
- 06/11/2020 Make a Comment
- Contributed by: Petie ( 3 articles in 2020 )
Video 1; Autistic Man (Rowan Michael Brown) arrested By Police in Melbourne, Australia - 17 Sep 2020 [6:09]
Autistic Man (Rowan Michael Brown) is arrested By Police for identification purposes in Melbourne, Victoria, Australia
Notice at 50 seconds there is a police officer on the LHS of the screen who unclips his gun holster and is tapping his finger - is there is a reasonable and necessary use of force?
Next, at 2 mins 20secs VP39348 uses unnecessary force, and touches the body of Mr. Brown from the rear. He may have used this as a distraction process.
However, as it was uninvited, it is unlawful and this officer may be liable for civil and criminal litigation/ prosecution for assault (Slaveski v State of Victoria & Ors  VSC 441); and, false imprisonment (Biddle v State of Victoria & Ors  VSC 275), and civil penalty see; Robinson v Balmain New Ferry Co. Ltd  AC 295. He gets an F-grade as he should have asked permission for Mr. Brown to remove himself from the road.
Liability of a police officer may be pursued under s72-75 of the Police Act 2013 (Victoria) and known as a Police Tort.
3 mins 30 seconds Rowan, acting under duress, and having knowledge an indictable offence might take place, places the officer under arrest under the Crimes Act 1914 (Commonwealth) section 3z.
I would give Rowan a B- grade up until this point and the consulting officer a A-grade, however the accompanying officer at 50 seconds unclips his gun and is seen with his palm resting on it.
This officer should be relieved of duties and re-assigned to a desk job as he is unfit for active duty.
4 mins 35 seconds
5 mins 30 seconds, the arrestee announces he has autism, a vulnreable person who requires assistance and a support person. He notes that his camera was acting in this manner.
He was deprived of a support person during the arrest process.
He was denied the right to legal counsel.
I note he was detained as a directive of the CMO of Victoria