Three police who assaulted disability pensioner spared jail
The three police officers who assaulted a disability pensioner on his front lawn after they attended his home for a welfare check have been spared jail.
Senior constables Brad McLeod, John Edney and Florian Hilgart were found guilty last Friday of a combined six charges over their use of force against the pensioner, John, outside his Preston home on September 19, 2017.
Florian Hilgart (left) John Edney and Brad McLeod outside the Magistrates Court in 2019.Credit:Eddie Jim
But all three officers were spared a term in prison.
Edney, 30, McLeod, 35, and Hilgart, 42, received an adjourned undertaking for 12 months.
Ms Lamble ordered the incident be recorded without conviction and that Edney and Hilgart pay $1000 to the court fund and McLeod $3500.
On Wednesday, magistrate Cathy Lamble told the accused that they hard "hardly bothered to try and talk [the victim] down" and instead had taken a “confrontational approach” from the outset of their visit.
"I am horrified by images of [the victim] on the ground with six police officers retraining him," Ms Lamble said.
"There is no apology from the accused for this horror."
She said their policing career had been thrown into doubt and that the trio already been punished by the lengthy legal proceedings, the media coverage of their assault and potential repercussions from the police force.
The officers' offending was aggravated by the fact that they were serving police officers at the time of the assaults and that their victim was vulnerable, disabled and had been capsicum sprayed.
Ms Lamble also said they did not express remorse because they maintained a plea of not guilty and that there was no evidence of them empathising with the pain they had inflicted on John.
The trio and three other officers went to John's home after his psychologist called triple zero due to concerns about his mental health.
The officers ended up pinning John down on the lawn and restraining him.
As the 36-year-old lay on the ground, he was struck to the leg with an extendable baton, punched in the stomach, had his head stood on and capsicum spray used on him from close range. He then had water blasted in his face from a high-pressure hose.
John told the court last week the three guilty officers had beaten and traumatised him when he should have been treated with dignity because of his mental health problems.
At the time he was withdrawing from opioids he took for chronic back pain. He has since been diagnosed with post-traumatic stress disorder and anxiety.
McLeod was found guilty of three charges of unlawful assault over his use of capsicum spray from close range, for punching John in the stomach and then directing Hilgart to use the hose on the pensioner.
After using the capsicum spray, McLeod told John, "Did you like that? Did you like that? Smells good, doesn't it?"
Victoria's Independent Broad-based Anti-corruption Commission investigated the assault after The Age published CCTV footage of the incident. The footage recorded by John's CCTV cameras formed the basis for the magistrate's verdicts, as she considered the pensioner was not a witness of truth.
Ms Lamble delivered her verdicts from Heidelberg Magistrates Court as the officers watched via video links.
John previously sued police and received a payout last year.
More to come.