Get all your news in one place.
100’s of premium titles.
One app.
Start reading
AAP
AAP
National
Gus McCubbing

Vic police appeal over pensioner bashing

Florian Hilgart (left) and Brad McLeod are appealing verdicts that they assaulted a pensioner. (AAP)

A police officer who pepper-sprayed and punched a Melbourne pensioner wants his guilty verdict overturned on grounds of self-defence.

Senior Constable Brad McLeod was one of three officers fined and ordered to be of good behaviour for a year, after assaulting the man at his Preston home in September 2017.

His psychologist had called triple-zero over concerns about the man's mental health.

McLeod, Senior Constable Florian Hilgart and Constable John Edney arrived and between them pepper-sprayed, punched and hosed the pensioner down in his front yard.

While the man was initially "aggressive and volatile", a magistrate last year found the officers' use of force was unjustified. All three officers were spared a conviction.

McLeod, appealing the verdict alongside Hilgart, acted in self-defence, barrister Rahmin de Kretser told Victoria's County Court on Monday.

The officer pepper-sprayed the victim and punched him in the stomach.

"Did you like that? Did you like that? Smells good, doesn't it?" McLeod said.

He then directed Hilgart to spray the man with a high-pressure hose.

Hilgart's appeal hinged on whether the force used was justified, his lawyer Malcolm Thomas said.

The pensioner's psychologist had told triple-zero her client was distressed and vomiting blood, but did not want to see anyone.

"He's going to create a scene so that maybe the police shoot him," the psychologist said in the phone call played in court.

"He's not going to be happy ... he wants to end his pain. He'll do something to upset (the police), so they take him out.

"I'm feeling very worried now - I don't want this to end badly for him."

McLeod was fined $3500 for unlawful assault, and Hilgart and Edney $1000.

Edney is not appealing the finding.

The other two officers' appeals are continuing.

Lifeline 13 11 14

beyondblue 1300 22 4636

Sign up to read this article
Read news from 100’s of titles, curated specifically for you.
Already a member? Sign in here
Related Stories
Top stories on inkl right now
Our Picks
Fourteen days free
Download the app
One app. One membership.
100+ trusted global sources.