Two police officers, Senior Constables Russell David Thorley, 43, and Kristy Lee O’Connor, 37, are set to stand trial after being accused of unlawfully imprisoning a man during a breath test incident in Nhill, western Victoria. On January 26, 2022, the man was taken to the police station for a second evidentiary test but was allegedly placed in a cell instead of an interview room, with the door locked behind him and no information given that he could leave.
The court was informed that when he displayed signs of agitation, Thorley reportedly pushed him back into the cell and re-locked the door. Despite the officers’ defence claiming that there was insufficient evidence to prove the man’s liberty was deprived, Magistrate Stephen Ballek disagreed, asserting that a jury could find the officers’ actions intentional, given there appeared to be no reasonable means of escape.
Ballek referred to body-worn footage indicating that O’Connor appeared to suggest the cell as an option. During the incident, the man expressed uncertainty about whether the cell functioned like a jail and was allegedly not informed that he was free to leave or not under arrest. The magistrate deemed there was enough evidence for the case to proceed to trial in the Victorian County Court, where both officers have pleaded not guilty to the charge of false imprisonment. They are due for a directions hearing in March.