Two Victorian police officers have lost their latest bid to avoid questioning over allegations of excessive force at their station, which they say could prejudice a possible future trial against them.
The officers, who cannot be named, are under investigation for their treatment of a woman taken into custody at the Ballarat police station on January 14, 2015.
The male and female officers have not been charged but are alleged to have kicked and stomped on a mentally ill woman who was arrested for public drunkenness.
In April they were summonsed to give evidence before Victoria's anti-corruption watchdog, which is investigating whether there is a culture of excessive force at the station.
They sought a court order preventing the Independent Broad-Based Anti-Corruption Commission from examining them or from doing so publicly. But the Victorian Supreme Court dismissed their application.
The officers sought leave to appeal the decision, arguing public questioning by IBAC could impinge on their right to silence and right not to testify against themselves.
Their lawyer, Christopher Boyce SC, told the Court of Appeal that despite their testimony not being admissible in a criminal trial, media reporting of the hearing could prejudice potential jurors.
Ted Woodward, for the IBAC Commissioner, told the court the duo needed to be questioned publicly because it was an exceptional case.
There had been more excessive force complaints at Ballarat than in other police stations in the state, he said.
Justice David Beach, Justice Phillip Priest and Justice Stephen Kaye on Wednesday dismissed the police officers' application for leave to appeal.
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