A class action has been launched against the Victorian government over the use by police of capsicum spray against anti-mining protesters in Melbourne three years ago.
The legal action relates to demonstrations outside the International Mining and Resources Conference at the Melbourne Exhibition Centre in October 2019.
Police arrested numerous people over several days of protests, and used capsicum spray to break up climate activists who'd gathered outside the venue.
The class action claims the use of capsicum spray was unlawful and excessive, and that protesters were not causing an immediate threat to police officers or the public.
The writ was lodged by Inner Melbourne Community Legal on behalf of lead plaintiff Jordan Brown, who was sprayed by police during the protest.
"I've been documenting protests for two decades, and see that police continue to systematically suppress basic civil and political rights throughout Australia in increasing measure," Mr Brown said.
"This class action provides a pathway towards some meaningful change in Victoria."
The Special Counsel leading the case, Olivia McMillan said police used excessive force when they sprayed the group of between 50 and 100 protesters.
"Mr Brown suffered redness and dry eyes for a couple of days, quite severe pain and continues to have apprehension when interacting with police," she said.
"There's ample footage of protesters being indiscriminately sprayed. Given the important role, trust and position the police play, it's important they be held to account."
Victoria Police said it could not comment on court action.
At the time of the protest, then-Police Minister Lisa Neville said she was "100 per cent comfortable" with police action.
"They are allowing people to peacefully protest, which we are not seeing … and allowing people to go about their day-to-day business without being affected," she told ABC Radio Melbourne.
"Surrounding conference attendees is just inappropriate behaviour.
"I commend them [police]. Without police being there, those protesters would be surrounding and making it physically dangerous for those people attempting to attend a legal conference in Victoria."
