Victoria Police detectives face charges after allegedly unlawful prosecution

Two police officers accused of staging an unlawful prosecution have been brought to court following the failed interception of an army reservist.

Detective Senior Constables Nathan Daniel Evans and Thomas Edward Horsburgh appeared in the Melbourne Magistrates’ Court on Thursday where both were charged with abuse of office and attempted perversion of justice. The perjury charge was dropped.

The court heard that in June 2020, the two officers attempted to prosecute an army reservist on charges including endangering the safety of an emergency services worker after the man fled a police stop in Longwarry, southeast of Melbourne. The army reservist later said he sped off because he thought he was about to become the victim of a late-night carjacking.

Evans wrote in a statement that he feared for his life when the driver fled the scene of the accident. His arms and torso were still in the car when he tried to take the keys from the driver.

The army reservist was arrested and charged the following day with, among other things, endangering the safety of an emergency services worker.

However, later, footage from the gas station’s surveillance cameras revealed serious inconsistencies in the officers’ statements. The video is said to show the Mercedes driver fleeing the scene of the accident before Evans reached the vehicle.

During an earlier hearing, the driver told the court he was travelling on the Princes Highway between Drouin and Longwarry when he noticed headlights approaching from behind at 3.30am. The Drouin man said shortly after he stopped near a petrol station to buy cigarettes, two patrol officers drove up in a marked police car.

He testified in court that he did not know they were police officers at the time and that he feared he would become a victim of a carjacking as he fled the scene. He crashed into a ditch nearby and later hitchhiked home.

Due to the seriousness of the allegations against the reservist, his licensed firearms were confiscated because he was deemed unsuitable.