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Victorian Bar concerned about ‘disproportionate’ police action
The Victorian Bar has weighed in on footage of a Ballarat woman’s arrest in her home, cautioning the Minister for Police against disproportionate action.
Naomi Neilson
Victorian resident Zoe Buhler was arrested on indictment charges after she posted the details of a protest against government health directions. A recording of the arrest has been shared publicly with many condemning the police action.
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The Victorian Bar noted that while recognising the importance of community members adhering to the laws and to police, it is critical that they have confidence in the manner in which enforcement of laws and directives are “proportionate and consistent”.
The Victorian Bar is concerned that the enforcement action of police towards Ms Buhler, in how they arrested her and the handcuffs, appeared “disproportionate to the threat” she may have presented. The law in Victoria is that an officer is not entitled to use handcuffs in any instance merely because a person has been arrested.
“The footage of Ms Buhler’s arrest portrays no threat posed by her conduct which was suggestive of the need to apply handcuffs,” the Victorian Bar observed.
“Consistency in the enforcement of the law is also critical; without it, confidence in the rule of law is undermined. The Victorian Bar is concerned the enforcement response to Ms Buhler’s conduct is apparently at odds with other reported and more measured responses by authorities to organisers or promoters of similar protests planner or that are carried out in contravention of public health directives.”
The Victorian Bar has written to the Minister for Police and Emergency Services, the Honourable Lisa Neville, to raise these matters of concern.
