An investigation into the use of excessive force by police should be able to proceed without evidence from two officers facing allegations, a Victorian court has heard.
The Independent Broad-Based Anti-Corruption Commission has named two senior constables, a man and woman, as witnesses in public hearing originally scheduled to start on April 13.
The officers were stood down with pay by Victoria Police in April over allegations they used excessive force against prisoners at Ballarat in January.
But their lawyers say forcing the pair to give evidence that might incriminate them could affect their right to a fair trial.
Neither officer has been charged over the allegations, and both have had their identities suppressed after it was argued the claims could damage their reputations.
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In a Supreme Court hearing on Thursday where the officers are seeking to be excluded from the hearings, Justice Peter Riordan was told Victoria Police does not intend interviewing the officers until the IBAC investigations are complete.
David Grace QC, counsel for one of the officers, says there's no reason the IBAC cannot proceed without calling them.
"IBAC is interviewing witnesses, calling them for examination and eliciting evidence from them to ultimately ... provide information to Victoria Police to assist in the prosecution of these two plaintiff's," he said.
"That can proceed without the need for these two plaintiffs to have any involvement in that process."
Mr Grace said legislation allowed people charged with crimes to refuse to answer questions where they might incriminate themselves, unless they are required to answer because of further legislation.
The hearing continues.
