Manslaughter charges against two Victoria Police officers have been dismissed by a magistrate who found insufficient evidence for a trial, drawing a distinction between this case and the death of George Floyd in the United States.
Luke Briggs, 35, died on July 23, 2024, eight days after his arrest in a convenience store car park in Hoppers Crossing, a Melbourne suburb. Constable Alexander Papanastassis, 30, and Sergeant James Fitzgerald, 46, had each been charged with negligent manslaughter in connection with his death.
Melbourne magistrate Patrick Southey stated on Tuesday that the evidence was too weak to secure a conviction. "The evidence is so weak that the prospect of a conviction is minimal," Southey said. "It may be the manner in which Mr Briggs was restrained was the substantial and operative cause of death, but we'll never know."
During the arrest, Briggs allegedly became unresponsive. The officers performed CPR and called for medical assistance. Briggs died in a Melbourne hospital intensive care unit, surrounded by family. Photos from the time showed bruising on his arms.
Magistrate Southey referenced the case of George Floyd, an African American man whose death during an arrest by a white police officer in May 2020 sparked widespread protests in the U.S. Southey noted that while Briggs also uttered the words "I can't breathe," he found significant differences between the two incidents.
"It seems to me the parallels end there," Southey said. "There is no comparison to this case. The police were doing the best they could. It was not a perfect job but the best they could do in all the circumstances."
The magistrate also noted that Briggs was a large, powerful man whose behavior was erratic due to methamphetamine use. "It was an unfortunate, tragic chain of events but in my view, it does not amount to criminal negligence," Southey concluded.
Constable Papanastassis and Sergeant Fitzgerald, who have been suspended since the incident, were awarded costs. Members of Briggs's family were present and visibly upset by the decision.
Briggs's family is pursuing separate civil action against the state, alleging the officers breached their duty of care and that Victoria Police failed in its supervision, control, and training of its employees. Magistrate Southey emphasized that his ruling did not affect any civil proceedings and that prosecutors could still pursue direct indictment on new criminal charges.
