Key points

• Victoria’s police watchdog is facing calls to compel three officers accused of breaking a man’s neck to give evidence after the criminal prosecution of the trio collapsed when they closed ranks.
• In November 2017, police were called to the Warrnambool home of Chris Karadaglis after a noise complaint. Karadaglis, who was 47 at the time, was left paralysed from the neck down after he was allegedly handcuffed, put in a headlock and brought to the ground.
• “I am gutted by the decision to withdraw the changes. It is devastating,” Karadaglis said.
• The accused police’s matters will return to court next month.

Prosecutors will drop criminal charges against three Victoria Police officers who were accused of breaking a man’s neck, leading to calls from the victim for the state’s corruption watchdog to intervene and compel the officers to give evidence about what happened.

In November 2017, police were called to the Warrnambool home of Chris Karadaglis after a noise complaint. Karadaglis, then 47, was left paralysed from the neck down after he was allegedly handcuffed, put in a headlock and brought to the ground.

Chris Karadaglis was left paralysed from the neck down in 2017 after police responded to a complaint about his stereo being too loud.Credit:Eddie Jim

In June last year, almost four years after the alleged incident, the Independent Broad‑based Anti‑corruption Commission (IBAC) charged the three officers – Benjamin Timpson, Gregory Cressall and Lachlan Barr – with negligently causing serious injury as part of Operation Blackmore.

Karadaglis and sources familiar with the investigation told The Age he was informed by prosecutors last week that their investigation had collapsed after officers closed ranks around the accused men and did not identify those responsible for his injuries.

“I am gutted by the decision to withdraw the changes. It is devastating,” Karadaglis said.

“I just wanted my mum and dad to have some answers as to exactly what happened. I have had no apology from police and now I will get no justice.”

He is now calling on IBAC to use their compelling powers to question the officers in a closed hearing to get answers.

“This incident sets a disturbing precedent where an Australian citizen, handcuffed and not actively resisting arrest, can have his neck broken with no explanation forthcoming to family by those obligated to protect and serve,” Karadaglis said. “Is this acceptable to anyone in the community?”

Three police officers arrived at Karadaglis’ home in south-west Victoria to deal with what would usually be considered a minor complaint – the stereo was turned up too loud. Minutes later, Karadaglis was a quadriplegic, paralysed from the neck down.

His case was settled with police for $11.7 million, believed to be one of the highest settlements in the force’s history. However, he has still not received an apology, he said.

Karadaglis wants IBAC to investigate the officers after a criminal prosecution collapsed when fellow officers refused to give evidence.Credit:Eddie Jim

Karadaglis said he was intensely quizzed by officers after the incident, but was not shown any photos that might help him identify those involved in his assault.

“The normal investigative process is to get the victim to identify the offender, especially in the circumstance where someone has tragically ended up as a quadriplegic,” said Bill Doogue, director at criminal law firm Doogue + George.

Doogue said it was unusual that the police who attended the hospital did not bring a photo board and was puzzled over the point of police taking the statement if it wasn’t to identify any potential assailants, given the beginning of the investigation is the best time to get positive identification.

“I am not commenting on this case but you can often tell the focus of an investigation by the way statements are taken,” he said.

Police accountability lawyer Jeremy King, who represented Karadaglis in his civil claim, said IBAC has some strong powers and this is one case that justifies its use to deal with his client’s existing complaint.

“They [IBAC] should, prior to the conclusion of the complaint, take all steps to ensure that Chris [Karadaglis] gets some answers,” King said.

A police spokesman said: “Victoria Police deeply regrets the outcome of the incident in November 2017. The injuries sustained were life-changing and we have reached a confidential settlement with Mr Karadaglis.”

IBAC, along with Victoria’s community legal sector and, in 2018, a joint parliamentary committee, have repeatedly demanded the Labor government give the commission more powers and resources to properly investigate more cases of police misconduct.

The Age and 60 Minutes wrote about the incident in 2019 as part of a major investigation into Victoria’s police oversight system.

At the time, Assistant Commissioner Russell Barrett, who is in charge of Victoria Police’s professional standards unit, described Karadaglis’ interaction with the three officers as a “life-changing experience, devastating for the family of that individual”.

An IBAC spokesperson referred questions about prosecutorial decisions to the Office Of Public Prosecutions but said that “police integrity around the use of force remains a significant focus of IBAC’s work”.

The OPP declined to comment while the matter remained before the court.

Barr, Cressall and Timpson will return to court next month.

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