Two police officers accused of wrongly imprisoning a man who was pulled over for a breath test have been committed to stand trial.
Senior Constables Russell David Thorley, 43, and Kristy Lee O'Connor, 37, allegedly placed the man into a cell against his will at the Nhill Police Station in western Victoria.
He had been pulled over for a breath test earlier on January 26, 2022 and needed to be brought to the station for a second evidentiary test.
But it's alleged he was placed into a cell instead of the usual interview room, the door was locked behind him and he was not informed he could leave if he wanted.
When he was brought out of the cell for the breath test, the court was told he rolled his shoulders and clenched his fists so Thorley allegedly pushed him back into the cell and locked the door.
The senior constables' lawyers argued it could not be proven that the two officers deprived the man's liberty but Magistrate Stephen Ballek disagreed.
"It seems to me the decision to place him in the cell was deliberate," he said on Wednesday afternoon.
"A jury could find deprivation was intentional and there were no reasonable means of escape."
The magistrate noted body-worn camera footage showed O'Connor gesture to the cell and whisper to Thorley before saying aloud that it could be a better option.
The man questioned whether it was a jail and if the door would close before he was allegedly locked inside the cell.
The senior constables allegedly never told the man he was allowed to leave the cell and that he was not under arrest.
Mr Ballek ruled there was sufficient evidence for the case to go to trial in the Victorian County Court.
Thorley and O'Connor both pleaded not guilty to the single charge of false imprisonment.
They are due to face the County Court for a directions hearing in March.
