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🇦🇺 Australia /Crime & Justice

Two Victoria Police officers cleared of manslaughter over man's death

From ABC Australia · () English

Summarized and contextualized by DistantNews.

At a glance

News Named sources Outcome reported
  • Two Victoria Police officers were cleared of manslaughter charges after a magistrate found insufficient evidence to proceed to trial.
  • The case involved the death of Luke Briggs, 35, who died eight days after his arrest in July 2024.
  • The magistrate contrasted the case with George Floyd's death, stating there was no comparison and the officers did their best in difficult circumstances.

Manslaughter charges against two Victoria Police officers have been dismissed, with a magistrate ruling there was not enough evidence to send the case to trial. The officers, Constable Alexander Papanastassis and Sergeant James Fitzgerald, had been charged with negligent manslaughter following the death of 35-year-old Luke Briggs.

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

— Magistrate Patrick SoutheyIn dismissing the manslaughter charges against the two Victoria Police officers.

Mr. Briggs died eight days after his arrest in a convenience store car park in Hoppers Crossing, Melbourne, in July 2024. He became unresponsive during the arrest, and the officers performed CPR before calling for medical assistance. He later died in a Melbourne hospital intensive care unit. Photos from the time showed bruising on his arms.

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

— Magistrate Patrick SoutheyReflecting on the cause of Luke Briggs's death following his arrest.

In his ruling, Magistrate Patrick Southey stated, "The evidence is so weak that the prospect of a conviction is minimal." He acknowledged that the restraint method might have been a cause of death but concluded, "we'll never know." The magistrate drew a distinction between this case and the high-profile death of George Floyd in the United States, noting, "It seems to me the parallels end there." He added, "There is no comparison to this case where … the police were doing the best they could."

It seems to me the parallels end there.

— Magistrate Patrick SoutheyContrasting the case with the death of George Floyd.

Magistrate Southey described the situation as an "unfortunate, tragic chain of events" but determined it did not amount to criminal negligence. He noted Mr. Briggs was a large, powerful man whose behavior was irrational due to methamphetamine use. The officers, who have been suspended since the incident, were awarded costs. Mr. Briggs's family is pursuing a separate civil lawsuit against the state, alleging breaches of duty of care and inadequate training by Victoria Police.

There is no comparison to this case where … the police were doing the best they could.

— Magistrate Patrick SoutheyDistinguishing the Victoria Police officers' actions from those in the George Floyd case.
DistantNews Editorial

Originally published by ABC Australia. Summarized and contextualized by our editorial team with added local perspective. Read our editorial standards.

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