Two police officers have faced court accused of unlawfully killing a man who died in hospital following his arrest inside a car park.
Constable Alexander Papanastassis, 29, and Sergeant James Fitzgerald, 49, appeared at Melbourne Magistrates Court this morning for a brief hearing.
They sat together in the front row of the court room, dressed in suits, as their lawyers and the prosecution set dates for the next hearing.
Police yesterday said the two officers, who have been suspended from duties since the incident, were charged with negligent manslaughter over Luke Briggs’ arrest in July 2024.
However, documents released after their court appearance stated Papanastassis and Fitzgerald are each charged with “unlawfully kill Luke Briggs”.
CCTV and body-worn camera footage has already been collected from Victoria Police, the court was told.
The men are on bail with conditions, including that they notify police within 24 hours of a change of address.
They have both already surrendered their passports to police, a defence lawyer confirmed.
Papanastassis and Fitzgerald left court to an onslaught of awaiting media today.
They will return to court on December 12 for a committal mention.
It followed a Homicide Squad investigation with oversight from the Professional Standards Command.
Briggs, 35, was arrested in a convenience store car park at Hoppers Crossing, in Melbourne’s south-west, in July 2024.
He allegedly became unresponsive during the arrest and the officers performed CPR before calling for medical assistance, police said last year.
Briggs died in a Melbourne hospital intensive care unit on July 23, eight days after the arrest, surrounded by his family.
Photos at the time showed bruising on his arms as he lay in a hospital bed.
Briggs’ heartbroken loved ones called for answers the day after he died and asked for the police investigation to provide them with answers.
“In his final hours, we shared stories and reminded Luke how much we loved him while his favourite songs played in the background,” they said in a statement in July 2024.
“We will miss you, Luke. We don’t know how we can go on without you.”
Victoria Police Deputy Commissioner Wendy Steendam said the force did not shy away from taking action to uphold the community’s trust in the organisation.
“The overwhelming majority of our police do the right thing day in and day out and provide exemplary service to the community,” she said on Thursday.
“However, it is vital that where incidents such as this occur, they are investigated thoroughly regardless of a police officer’s rank, position or tenure.”
