Police use of capsicum spray on a peaceful protester constituted battery and was unlawful, a judge has found in a landmark class action.
Climate protester Jordan Brown launched the first class action of its kind, challenging Victoria Police's use of the spray during a 2019 mining protest in the Supreme Court.
Two officers' use of oleoresin capsicum (OC) spray on Mr Brown at a protest outside the International Mining and Resources Conference in Melbourne was violent and excessive, his lawyers told a trial.
Video played to court in February 2025 showed protesters climbing poles outside and unfurling a banner on October 30, day three of the conference.
Mr Brown was among dozens sprayed by officers trying to disperse the crowd to arrest one of the climbers.
He claimed to have suffered pain and burning to his face after being sprayed, along with psychological injury, and asked police to pay him damages.
"The use of force of any kind on Mr Brown at that time was entirely unnecessary," his barrister Fiona Forsyth KC told the court on February 17.
However, Victoria Police barrister Sam Hay KC said its use of force was lawful as protesters were impeding police from making an arrest.
"The scene was chaotic as protesters pushed back against police and sought to interfere with the arrest," he said.
Ten months after the trial was first opened, Justice Claire Harris on Friday found in Brown's favour and awarded him $54,000 in damages.
She found the state, in representing Victoria Police, had failed to prove the officers needed to use the spray as self-defence or that it was a justified use of force.
"Each of the officers deployment of OC foam on the complainant constituted a battery," Justice Harris told the court.
"The state has not established either of the defences."
The protesters cheered and hugged each other in court after the judgment was made.
