A Victorian police officer who used capsicum spray on climate protesters and subsequently declared “don’t mess with us anymore” has admitted to making “unprofessional” comments during a “heated discussion” with fellow officers. The first lawsuit against Victoria police over alleged excessive use of oleoresin capsicum (OC) spray commenced last week in the state supreme court. Sgt Nicholas Bolzonello testified in the trial and addressed the comments he made shortly after deploying the spray, which were recorded on his body-worn camera footage. The officer claimed the tensions were high and they had just navigated through a “hostile environment.” Footage of Bolzonello was played in court, where he was overheard saying “don’t mess with us anymore” and “we’ve had enough of this nonsense.” Bolzonello dismissed claims that his demeanor showed disdain for the sprayed protesters and insisted that he took “full responsibility” for his comments. When questioned about deploying OC spray, Bolzonello stated it was due to a stalemate with protesters who were obstructing the arrest of an individual climbing a pole. However, Stella Gold, a barrister for the lead plaintiff, argued that Victoria police’s OC manual does not endorse OC spray as a means of crowd control. Bolzonello defended this action in court, asserting that medical assistance was available within the protester crowd and that he would have provided aftercare if the situation allowed. The class action case, spearheaded by Jordan Brown, stems from his experience being sprayed with OC at a protest outside an international mining conference in Melbourne in 2019. The protestors and police engaged in altercations, and officers used OC spray to attempt arrests of those scaling the Melbourne Exhibition and Convention Centre. Brown’s legal team is contending that the use of OC spray was unwarranted and contrary to police policies. They also argue that the use of OC spray violated the Crimes Act and the state’s charter of human rights. The trial, presided over by Justice Claire Harris, is ongoing.

Source: https://www.theguardian.com/australia-news/2025/feb/26/victoria-police-pepper-spray-trial-class-action-melbourne-mining-conference-ntwnfb