When police clashed with protesters at a mining conference in Melbourne in 2019, officers faced backlash over their handling of demonstrators as they attempted to make arrests. Almost 6 years later, on the first day of a class action trial representing those who were pepper sprayed, it's alleged police used excessive force when they deployed their capsicum spray, their lawyers describing the incident as "total overreach".
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00:00This is the moment things turned ugly.
00:08Protesters capsicum sprayed as police attempted to arrest a pair who'd scaled two poles.
00:16Now a class action representing dozens who say they were sprayed by police in October
00:212019 outside the International Mining and Resources Conference in Melbourne alleges
00:27the force used by officers as they tried to make those arrests was unlawful.
00:33Police's use of OC spray, which is capsicum spray, was not proportionate and reasonable
00:38to the threat that they faced.
00:41The lead plaintiff is filmmaker Jordan Brown.
00:43He's seeking damages claiming he suffered physical and psychological harm when he was
00:49allegedly pushed, crushed and sprayed.
00:52His barrister, Fiona Forsyth-Casey, told the court he wasn't engaging aggressively.
00:57He wasn't interfering with any arrest.
01:00He was just standing there.
01:01If he was found to have suffered battery, then we're hoping that's part of the fight.
01:06Body-worn vision of the incident was played to the court, some in the public gallery shaking
01:11their heads and comforting each other as the vision was shown.
01:15But lawyers for Victoria Police told the court Mr Brown was only sprayed directly once and
01:20wasn't assaulted by police.
01:23Sam Hay-Casey adding that Mr Brown actively resisted police attempts to apprehend the
01:28climber.
01:29The trial is expected to continue for more than two weeks, with police witnesses to be
01:34called on for evidence.