Magistrate dismisses manslaughter charges over Luke Briggs death
Magistrate dismisses manslaughter charges over Luke Briggs death

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Arabic version: قاضٍ يرفض تهم القتل غير العمد على خلفية وفاة لوك بريغز

According to ABC News, a Melbourne magistrate has dismissed negligent manslaughter charges against two Victoria Police officers over the death of Luke Briggs, finding there was insufficient evidence for the case to proceed to trial.

Mr Briggs, 35, died eight days after his arrest at a convenience store car park in Hoppers Crossing, in Melbourne’s south-west, in July 2024. Constable Alexander Papanastassis, 30, and Sergeant James Fitzgerald, 46, had each fought the charges at a committal hearing.

Magistrate Patrick Southey said the evidence was so weak that the prospect of a conviction was minimal. He said it might be that the manner in which Mr Briggs was restrained was the substantial and operative cause of death, but added: “we’ll never know.” Mr Briggs allegedly became unresponsive during the arrest, after which the officers performed CPR and called for medical help.

Mr Southey said Mr Briggs had been a large, powerful man whose behaviour was irrational due to methamphetamine use. He described the events as unfortunate and tragic, but said they did not amount to criminal negligence. The magistrate awarded costs to both officers, who have been suspended from duties since the incident.

Mr Briggs’s family is separately suing the state, alleging the officers breached their duty of care and that Victoria Police failed to properly supervise, control or train employees, officers or agents. Mr Southey said his ruling did not determine any civil proceedings, and prosecutors could still directly indict the officers on fresh criminal charges.

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