VicPol Legal Costs


Hi - my name is Simon.

On June 5th, 2021, I attended the Small Business protest at Flinders Street Station. As many of us are aware, Victoria's small businesses are at crisis point due to the draconian lockdowns directed by the Andrews Government.

I attended to support small business owners and to hear their stories - and to create a video montage of the events of the day. At Flinders Street, I spoke with a number of Police Officers from Bendigo - they were polite and courteous and I appreciated this.

However as per usual, when members of the Public Order Response Team (PORT) arrived on the scene, things turned ugly and violent. I witnessed them make a number of arbitrary arrests on small business owners - who were only telling their stories.

As the protest ended, the PORT officers retracted to their vehicles parked in the St Paul's Cathedral car park. As part of my recoding for the day, I stood approximately 10-15 meters behind their vans and shot some video.

At this stage I was approached by one of the PORT Officers who asked me why I wasn't wearing a mask. I informed him of my medical exemption. He then asked me if I was within 10 km's from home - to which I answered I as in town because of a public event.

I attended the protest as a right afforded to me under the Charter of Human Rights and Responsibilities Act 2006 - specifically:

• Section 12 - Freedom of movement
• Section 15 - Freedom of expression
• Section 16 - Peaceful assembly and freedom of association

He then asked for my name and address. To which I replied that I had not committed any offence and I was not obligated to provide my details. I did so due to the protection afforded to me under Section 456AA of the Victorian Crimes Act:

"A police officer or a protective services officer on duty at a designated place may request a person to state his or her name and address if the police officer or the protective services officer believes on reasonable grounds that the person—
(a) has committed or is about to commit an offence, whether indictable or summary;"

Because I didn't commit an offence, or wasn't about to commit one, I refused to provide my details. I was told that if I didn't I would be arrested. So I then informed the Officer to arrest me then - and it will be played out in court.

My phone recording mysteriously stops at this stage - and I suspect that the video was edited to cut out the assault.

I have 4 sworn statements from the PORT Officers present that they then informed me to "turn around and put your hands behind you back - you're under arrest." One of them even stated that they said it twice.

In reality, I was ambushed by 6 armed PORT Officers. My head was grabbed and shoved down into the chest of one of the officers - where I suffered facial lacerations from all the items pinned on his chest. My arms were grabbed and they tried to pin me to the ground.

At this stage, I was holding my prescription glasses and my phone and was just trying to protect my property. Again I did so based on my understanding of Section 322K of the Victorian Crimes Act:

"The circumstances in which a person may carry out conduct in self-defence include—
• the defence of the person or another person; S. 322K inserted by No. 63/2014 s. 4. Authorised by the Chief Parliamentary Counsel Part IC—Self-defence, duress, sudden or extraordinary emergency and intoxication Crimes Act 1958 No. 6231 of 1958 365
• the prevention or termination of the unlawful deprivation of the liberty of the person or another person;
• the protection of property"

My self defence of my property was interpreted as "resisting arrest" and I received 4-5 knees into my left thigh - and then collapsed onto the floor. My left arm was pinned underneath me and my right arm was grabbed by officers - making it impossible for me to roll over.

During this whole time I was pleading with someone to take my phone and the shattered remnants of my glasses into possession.

Again this was interpreted as "resisting arrest" and I received multiple knees to my head, neck, shoulders and back - approx 12 in total. My head was pinned down to the floor multiple times by a knee and I also received a knee to the throat.

I wish I was able to show everyone the BodyCam footage of my assault. I have 4 of them. But I've been gagged by visits to my home from VicPol after publishing 2 little snippets - before and after. They don't want the public to know what they did to me.

Only after one of their commanding officers saw that my arm was pinned underneath me, was I lifted up and my arms were then handcuffed behind me.

I was told that I was under arrest and listened to the charges read out against me - indictable assaults', indictable resist....stacked up charges to hide the fact that I was just assaulted by 6 ARMED PORT officers for no reason at all.

While I was detained and waiting for transportation, I broke down emotionally. I was in immense pain due to the way my hands were cuffed and I was experiencing severe spasms from the base of my neck and down through my legs. I also thought of my kids who I had left at home - they had their cousin for a sleep over and I was planning on returning home in time to make them pancakes.

This broke me emotionally as I stood their surrounded by ARMED thugs who had just assaulted me for no reason and now I was under arrest and will have to go court.

I was transported to NorthWest and processed by VicPol and released on bail.

The following day, Sunday 6th June, I spent in Sunshine Hospital ED. I had pain from my head to my lower back. I had 2 CT's on my brain and neck to rule out cranial bleeding and a neck fracture and a lumbar X-ray to rule out a back fracture. I was also placed on Endone for this pain and my corked thigh.

Over the next 4 weeks, the pain in my lower back and rib cage only got worse. I was having acupuncture and Bowen Therapy sessions to no avail. In early July I visited my GP and he ordered a further 4 CT's - chest, abdo/pelvis, thoracic and lumbar spine.

My doctor wanted to determine if I had broken ribs and kidney damage I sustained from the knees. My results came back negative for both but the report stated:

"The lumbar spine shows reasonably extensive callus reaction around a fracture of the right transverse process of L2. It is compatible with a subacute or older injury."

In other words, I was recovering from a fracture in my spine in the area of my right kidney - which is consistent from where, to this day, I have severe pain and am on strong pain killers.

I have my mentions hearing on October 28th for the trumped up charges they laid on me. But I want to take this further. My aim is to criminally charge the 6 PORT Officers and hold them responsible for their actions against me. What happened to me was aggravated assault by 6 ARMED officers using excessive force on a botched up arbitrary arrest.

And I'm not the only one they have done this to. We have hundreds - if not thousands of Melbournians - in the same boat. VicPol are doing this to us all and no-one is holding them accountable. Well I want this to stop and by going after these 6 officers, my hope is to create a precedent to prevent this from happening again.

That's why I need your help. I have access to a Barrister who detests criminal behaviour perpetrated by Police and has agreed to take on my case. He has a long and successful record at prosecuting corrupt Police officers and I would dearly like him to represent me.

Any financial help you can provide would be greatly appreciated.

Regards
Simon

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Sime Timothy
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Melbourne VIC

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