Wednesday, 26 August 2026

 Brad BATTIN (Berwick) (19:22): (1807) My adjournment is to the Attorney-General, and the action I seek is for the Attorney-General to launch an investigation into how Sergeant James Fitzgerald and Constable Alexander Papanastassis ended up in court for charges of negligent manslaughter – two Victorian police officers going about their job protecting our community. This investigation is essential to guarantee that all officers who go out on duty every day will be protected and not end up in the same position. Some of the quotes from the court case that have come out from the magistrate, Magistrate Patrick Southey, that were recorded at the time were as follows. On the strength of the prosecution case:

The evidence is so weak that the prospect of a conviction is minimal.

On the physical cause of death and restraint:

It may be the manner in which Mr Briggs was restrained was the substantial and operative cause of death, but we’ll never know.

On comparisons made to international cases, specifically George Floyd:

It seems to me the parallels end there. There is no comparison to this case where … the police were doing the best they could. It was not a perfect job but the best they could do in all the circumstances.

On the nature of the incident and the criminal threshold:

It was an unfortunate, tragic chain of events but in my view, it does not amount to criminal negligence.

Sad but true, this is not the first time we have had Victoria Police end up in a position where they had to go through court. In 2023 there was a senior constable who was following a police pursuit involving a drug-affected male. The senior constable involved in this matter believed he could have been seriously injured or killed if the offender’s car was to crush him against the bull bar of his police vehicle. Police were charged with counts of conduct endangering life and serious injury, and the charges for that were dismissed too. There was not sufficient evidence on these charges or any other charges upon which a jury could convict.

These charges that go through impact the lives of these police officers and send a message to the community that we do not trust the Victoria Police. At a time when we need more police on the beat and we want more to apply for this job, it is so important that we in here, as legislators, ensure that we protect the Victoria Police that are on the front line. Of these two cases here, particularly the one which only resolved this week in the court, whilst it highlighted the fact the court system worked to make sure these people did not go through with the full trial, it also highlighted the fact that these police ended up, in my view, in the courts because it is trial by media.

We want to make sure that we are doing the right thing and everybody is treated evenly. Well, if it was treated evenly, when the Department of Public Prosecutions looked at this, like they would for any other person who was not a Victoria Police officer, they would not have taken this through the courts, because the magistrate was very clear in the ruling. The magistrate said there was simply not enough evidence and it should not have proceeded that far. These police officers may never return, and I say to them: thank you for your service, and I hope we can get this investigation up to clear your names.