Family of cop assault victim Andrew Birch sues Victoria Police 

The family of a Geelong man who died from a drug overdose a week after he was assaulted by a senior sergeant is suing Victoria Police.

Andrew Birch suffered a suspected fatal prescription drug overdose days after veteran policeman David Phillip Magher assaulted him at a local police station.

The family’s lawyer, Joseph Ridley of Arnold Thomas and Becker lawyers, said during his arrest Andrew Birch was allegedly sprayed with capsicum spray three times and not provided with any after-care.

The family also claim Andrew Birch was further assaulted in custody.

“Whilst at the station we also allege that he was handcuffed, pinned to the ground, and kicked by an officer multiple times,” Mr Ridley said.

“As a result of these incidents, the man suffered injury for which we are seeking compensation.

“The shocking nature of the alleged police assault is made worse by how utterly defenceless the victim was.

“We have litigated a number of police assault cases where such batteries have resulted in significant compensation.”

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