Media releases

In February 2010, Mr Bare made a complaint to the former Office of Police Integrity, which decided to refer the matter to Victoria Police for investigation.

Following legal appeals against that decision, the Court of Appeal last year referred the matter back to IBAC to make a fresh decision on whether to refer, investigate or close Mr Bare’s initial complaint.

“Following a thorough assessment, and due to the significant public interest in this matter we decided to investigate the original 2009 complaint,” Commissioner Stephen O’Bryan QC said.

“As part of our investigation, we interviewed Mr Bare, the attending police officers, witnesses who were there and other key people, and reviewed available records and documents from the time. 

“With Mr Bare’s allegations unable to be substantiated, the investigation has now been finalised and closed.”

The investigation found neither the attending police officers or third party witnesses with Mr Bare at the time were able to support allegations the arresting officer racially vilified Mr Bare and used OC spray on Mr Bare while he was handcuffed. Additionally, medical and dental records did not correspond with the injuries described as sustained by Mr Bare at the time.

IBAC provides independent oversight of Victoria Police through:

• assessing all complaints of police corruption and misconduct (including those received by Victoria Police) and determining which allegations warrant action by Victoria Police, investigation by IBAC, or closed with no further action
• investigating allegations of serious or systemic police corruption and misconduct
• reviewing Victoria Police investigations into less serious or administrative allegations
• ensuring police officers have regard to the Charter of Human Rights
• undertaking research and other strategic projects to help prevent corruption and misconduct.

Media contact: media@ibac.vic.gov.au or 0427 480 840
Media interviews will not be available.