Key points
- Senior Constable Roland Jones has been cleared of serious assault charges following a bungled operation by the Critical Incident Response Team.
- Jones was previously involved in the shooting and arrest of Bourke Street killer James Gargasoulas and gave evidence at the coronial inquiry into the deaths of six people.
- Jones’ acquittal came after allegations were raised during the three-week trial that a police investigator pressured another CIRT officer to file a statement that implicated Jones.
- Victoria Police would not confirm if it will investigate the handling of the case by Professional Standards Command.
A police officer involved in the shooting and arrest of Bourke Street killer James Gargasoulas has been cleared of serious assault charges stemming from an elite unit’s bungled operation that left an Indian student with a broken jaw.
Senior Constable Roland Jones was found not guilty by a jury on Friday on all five assault charges, including recklessly causing serious injury, following a three-week trial in the County Court of Victoria.
Roland Jones faced charges of recklessly causing serious injury and intentionally causing injury.Credit:Chris Hopkins
Jones had been accused of kicking Lovepreet Nehal, then aged 22, while he was pinned to the ground by other officers in the Critical Incident Response Team (CIRT) outside Brunswick restaurant Cafe 666 on May 7, 2017.
Nehal, who received a confidential settlement from Victoria Police, had been standing outside the Sydney Road venue when CIRT officers mistakenly thought he had fled from a stolen van that crashed in a pursuit.
Jones’ acquittal came after allegations were raised during the trial that a police investigator pressured another officer using the threat of potential criminal charges to file a statement that implicated Jones.
Sergeant Matthew Peck faced cross-examination over two statements he made on the incident: his first statement made independently on the morning of May 7; and the other three weeks later on June 1, under the guidance of Senior Sergeant Chris Corbett from the police force’s integrity unit.
In his first statement, Peck wrote that while he pinned the victim down, “Senior Constable Jones has come from my rear, striking [the victim] to the … left shoulder with his right foot. He must have also made contact with [the victim’s] head … as I noticed he had lost consciousness.”
In the second statement, which was produced under the supervision of Corbett, he said: “The boot was heading in the direction of [the victim’s] head, and it was at this time that I heard a crack.”
Peck told prosecutor Matt Fisher he felt the way Corbett dealt with him was inappropriate and he had been told “charges might be coming” his way if he did not comply.
The court heard Corbett told Peck “you will be in trouble. You will need to look after yourself, otherwise you will be in trouble,” if he did not write a second statement.
Peck also agreed that Corbett had made suggestions about terminology to be included in the second statement.
Judge Frances Dalziel gave Peck a Section 128 during the trial, which protected him against potential self-incrimination.
The Age can reveal that another colleague of Jones was also provided with a protection against self-incrimination after cross-examination at the committal hearing at Melbourne Magistrates’ Court in 2018. The officer was cautioned by the magistrate over the veracity of his testimony, which was different to the sworn statements provided to police investigators.
On Monday, a Victoria Police spokeswoman would not confirm if the force would investigate Professional Standards Command’s handling of the case.
“Victoria Police will not be providing comment due to the matter now falling within an appeal period,” the spokeswoman said.
In January 2017, Jones played a key role in apprehending Gargasoulas after his Bourke Street rampage killed six people and injured dozens more.
Giving evidence at the coronial inquest in 2019, Jones turned to the families of the victims and said: “I apologise that not more could be done to save your loved ones.”
Jones told the inquest that when Gargasoulas’ car mounted the footpath on Swanston Street, bound for the mall, he planned to ram the sedan and was prepared to be seriously injured or killed doing so. He was one of two officers who fired on Gargasoulas, wounding him in the right arm.
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