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Two police officers have appeared in court after being charged with negligent manslaughter over the death of a 35-year-old builder outside a convenience store in Melbourne’s western suburbs last year.
Sergeant James Fitzgerald, 45, and Constable Alexander Papanastassis, 29, were not required to enter pleas when they attended a brief filing hearing at Melbourne Magistrates’ Court on Friday.
Police officers James Fitzgerald (centre) and Alexander Papanastassis (right) outside court on Friday.Credit: Simon Schluter
Both officers have been suspended on full-pay since the death of Luke Briggs, who was unarmed when arrested near the corner of Heaths and Tarneit roads in Hoppers Crossing on July 15, 2024.
He died after eight days in hospital.
Images obtained by this masthead revealed extensive bruising to Briggs’ arms, legs and torso.
The charges against Fitzgerald and Papanastassis follow a protracted investigation by the homicide squad with oversight from Professional Standards Command.
Luke Briggs, pictured with sister Catherine, died from injuries sustained during his arrest in July 2024.
Both officers were fitted with body-worn cameras, but investigators have never released the footage or disclosed what happened during the arrest.
Briggs’ family told The Age in June they were frustrated with the length of the internal investigation, and called for the introduction of an independent authority to scrutinise potential police misconduct, particularly when interactions with police lead to injury or death.
Bob Briggs, Luke Briggs’ father, said the delays and lack of information from investigators had exacerbated the family’s grief.
“The trauma is ongoing and always will be,” he said.
Briggs in hospital.
“The double standard is that these two police officers are sitting at home, on full pay, having a wonderful extended holiday.”
Victoria Police Deputy Commissioner for public safety and security Wendy Steendam defended the investigation when announcing the charges on Thursday.
“I understand the news today will be concerning and difficult for many in the community. However, I want to reassure them that Victoria Police does not shy away from taking action to uphold community trust and confidence in our organisation,” she said in statement.
“The overwhelming majority of our police do the right thing day in and day out and provide exemplary service to the community. Today’s update should not take away from their efforts more broadly.”
Robinson Gill Lawyers solicitor Sarah Condon, acting for the Briggs family, said they had been left “utterly distraught by the death of their loved one Luke and the subsequent delays in the case.
“However, they cannot further publicly comment on the matter at this point, given criminal proceedings have now been commenced against the two Victoria Police officers involved in his death,” Condon said.
Fitzgerald and Papanastassis were both instructed to return to court on November 12 for an administrative hearing, with the brief of evidence due to be finalised by October 24.
The Police Association has said it will continue to support the pair.
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