The Independent Board-Based Anti-Corruption Commission (IBAC) has concluded they believe police did not use excessive force in a mistaken raid on an apartment attached to an LGBTIQ+ bookstore in Melbourne.
In May last year, Victorian Police led a raid on the apartment joined to Hares & Hyenas bookstore after Nik Dimopoulos was misidentified as a suspect which led to a broken arm and shoulder injuries.
IBAC commissioner Robert Redlich QC said in a statement the police had “reasonable grounds” to enter and search the apartment at 2am. The IBAC also found that there was no evidence to suggest the raid was motivated by sexuality or race.
“IBAC found the force used by police in restraining Mr Dimopoulos was not disproportionate to the officers’ objective of arresting Mr Dimopoulos, as the police involved reasonably believed such force was necessary to arrest a person who was struggling with police,” Redlich said.
The commissioner adds that while the IBAC believes the police had a right to enter the property, the officers involved did not inform Dimopoulous of the reason for the raid and his arrest.
“However, IBAC did find that Mr Dimopoulos’s human rights were impacted as the officers involved in the incident did not, as the Charter of Human Rights and Responsibilities obliges them, advise him of the reason for his arrest, make him aware of his rights, or officially release him from custody.”
The IBAC are calling on Victoria Police to “take appropriate action” and look into the failure of these officers in honouring Dimopoulous’ human rights.
Victoria’s Minister for Police Lisa Neville has told media that Victoria Police are working with the IBAC in providing information, and have apologised to Dimopoulous.
“IBAC found the Victoria Police officers acted reasonably and I want to again thank our CIRT team and all police members for the work that they do every day in a challenging environment,” Neville said.
“Our thoughts are with Mr Dimopoulos and his friends and family who have lived through a very traumatic experience. Victoria Police has rightly apologised for the physical and emotional harm caused to him.”
Wayne Gatt, Secretary of the Police Association Victoria, also released a statement yesterday describing the IBAC’s findings as “considered and contextualised.”
“It is an important outcome for our members involved and some sober reading for those who judged them prematurely, who apologised on their behalf prematurely, for those opportunists who chose to drive an agenda because it was convenient and those who profess to stand for reason, but chose to rush to judgement,” Gatt said.
“The only matter that IBAC has chosen to criticise are concerns relating to a technical breach of human rights, which is residual to the substantive issues that were referred to IBAC, and minor in nature.”
“Our members responded to this incident because every bit of information at hand, in a dynamic situation, pointed to that premises containing a violent offender. They were trying to apprehend this offender to keep us all safe.”
“Tonight, or on any other night, these members will be called upon to put themselves between high-risk offenders and the public, and they will. We hope they will do so with more support and less judgement.”
Speaking to ABC Radio Melbourne this week, Dimopoulous’ lawyer Jeremy King said he believes the IBAC’s decision is “legally contradictory.”
“It’s galling and it sets a dangerous precedent for policing in Victoria,” King said.
“On the one hand it’s lawful but on the other hand they breached his Charter of Human Rights. I would say it’s not a lawful arrest and therefore any force used after that is not lawful either.”
“These people are innocent people who are sleeping in their beds at night and have their property raided.”
OIP Staff
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