Victoria Police Ordered to Pay $54,000 for Unlawful Capsicum Spray on Climate Protester
December 12, 2025
Climate protesters have won a class action against Victoria police over unlawful use of capsicum spray during a 2019 anti-mining protest in Melbourne. The case, heard in Victoria’s supreme court, centered on Jordan Brown, a protester twice hit by oleoresin capsicum (OC) spray outside the International Mining and Resources Conference (IMARC) in October 2019.
Justice Claire Harris ruled Friday that Brown was subject to illegal battery by police and awarded him $54,000 in damages. "The batteries caused both physical injury to the plaintiff and were a material contributor to the plaintiff’s psychological injury," Harris said.
Brown described the spray as "the most excruciating pain that I’ve ever experienced" and said, "I checked out of my body for long periods of time."
Police admitted to using OC spray but claimed its use was lawful. Brown's lawyers argued the spray was used unlawfully and in breach of Victoria police policies, the Crimes Act, and the human rights charter. They said it was "an unreasonable, unlawful and disproportionate use of force constituting battery and assault."
Justice Harris clarified that her judgment only applied to this case and would not set a wider legal precedent or comment on alleged human rights breaches.
The clash occurred on 30 October 2019 when police tried to arrest two activists scaling the Melbourne Exhibition and Convention Centre. Police used capsicum spray as they tried to control the crowd. Lawyer Fiona Forsyth KC said Brown was unarmed, not aggressive, and posed no threat when sprayed.
However, state lawyers argued protesters blocked police attempts to arrest others. Sergeant Nicholas Bolzonello testified that police were in a "stalemate" with protesters and used the spray as a "crowd dispersal tool" to move through a hostile crowd.
Despite police defending their actions, the court sided with Brown, marking a significant ruling on police conduct in protest situations. More details will follow.
Read More at Theguardian →
Tags:
Victoria Police
Capsicum Spray
Climate Protesters
Class Action
Court ruling
Protest Violence
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