Victoria Police settle lawsuit with Gippsland man left with brain damage after 2022 arrest
Brodie Holt (right), with his parents Kellie and Joe, described the 2022 arrest by Victoria Police as "brutal". (ABC News: Danielle Bonica)
In short:
A 27-year-old Gippsland man has reached a confidential settlement with Victoria Police after a 2022 incident outside his local pub left him with injuries so severe he was forced to move back home with his parents.
Brodie Holt still has no memory of what happened and only remembered waking up in The Alfred hospital after being roused from an induced coma.
His parents say his injuries have severely impacted his relationship with his five-year-old daughter.
A young father who suffered permanent brain damage after a Victorian police officer fell on him during a bungled arrest has quietly settled a lawsuit with the force, in a deal believed to be worth millions.
Brodie Holt last month reached a confidential settlement with Victoria Police in the Supreme Court over the incident outside a pub in his home town of Traralgon, which left him with injuries so severe that he was forced to move back home with his parents.
Mr Holt, now 27, still has no memory of what happened and only remembered waking up in The Alfred hospital after being roused from an induced coma. His family was told he had post-traumatic amnesia.
He watched security footage of the alleged incident on Wednesday for the first time, four years after the incident.
Brodie Holt still has no memory of his 2022 arrest. (ABC News: Danielle Bonica)
"It was pretty brutal," he told the ABC after watching the video.
"They just treated me like I was some piece of meat."
"[They were] just throwing me around, pushing me into walls and shit and then I supposedly fell over, which is not what happened at all."
His mother, Kellie Holt, who launched the lawsuit as his guardian, said the incident forever changed the way she saw police.
Brodie Holt has been heavily reliant on his parents since the incident. (ABC News: Danielle Bonica)
She had to quit her job at the local supermarket to care for her son, who is completely reliant on her.
"No-one is taking accountability for it, they're just throwing money at it to go away,"she said.
Her husband, Joe Holt, said it had shattered his trust in police.
"Now I wouldn't trust them at all. I would never contact them even if someone was trying to break into my house," he said.
Kellie Holt says her family would never trust the police again. (ABC News: Danielle Bonica)
Arrest happened on Mother's Day
A Victoria Police spokesman said allegations against an officer were "found to be unsubstantiated".
"Victoria Police resolved a subsequent civil claim based on independent legal advice," the spokesman said.
Court documents reveal that the special damages claimed by the young father — including medical treatment, loss of earnings and ongoing care — come in at $13.7 million.
On Mother's Day in 2022, Mr Holt was out drinking with friends at the Hotel Traralgon when he was arrested by three police officers in the early hours of the morning.
The details of what happened before, during and after the incident are still hotly contested by both sides in court documents seen by the ABC.
Brodie Holt's lawyers say he broke no laws when arrested at the Hotel Traralgon in 2022. (ABC News: Danielle Bonica)
Lawyers for Mr Holt said he had broken no laws when he was arrested and escorted outside where he was handcuffed.
They told the Supreme Court he was shoved into a brick doorway on the way out and that after he spat on the ground he was threatened, grabbed by the throat, thrown against a brick wall and then tackled to the ground where his head struck the concrete.
Victoria Police said it arrested Mr Holt because he was drunk and a potential danger to himself and others.
They conceded he "struck" a brick doorway on the way out of the pub, but said he spat at police, resisted them after being handcuffed and had to be restrained so he would not headbutt them.
Brodie Holt was put into an induced coma at The Alfred hospital after his arrest. (ABC News: Danielle Bonica)
Victoria Police told the Supreme Court the officer who tackled Mr Holt to the ground "lost his footing and his balance", which caused the young father's head to strike the concrete.
"This was not intended by any police member,"it said.
Incident was 'entirely avoidable' says lawyer
Mr Holt was taken to Latrobe Regional Hospital before being flown to Melbourne.
His lawyer, Jeremy King from Robinson Gill, said what happened to Mr Holt was "entirely avoidable".
"At its worst, all you could really say was that Brodie might be guilty of mouthing off to police and as a result of that he suffered a lifetime brain injury," Mr King said.
"He requires care, he won't be able to work and he's very reliant on his parents and family for a lot of support.
His parents say it feels like they're raising their son all over again. (ABC News: Danielle Bonica)
"I think what's important to understand in this case is that this happened in a regional area and that if you live in a regional area, it's almost impossible to complain about police because you're complaining about someone who is effectively in your local community.
"You're effectively trying to complain about your neighbour and it's a huge disincentive for people to make complaints."
'Forgetful' Brodie now struggles to be a parent
Since his injuries, Mr Holt has moved back into the family home with his parents and remains entirely reliant on them.
"It's like I have to look out for him all over again,"Joe Holt said.
His injuries have affected Brodie's parental relationship with his five-year-old daughter. (ABC News: Danielle Bonica)
The couple said it was like living with a forgetful teenager again and that his injuries had affected the relationship he had with his own five-year-old daughter.
"He was always the doting dad running after her, doing everything for her, looking after her," said his father.
"It's just kids growing up, you just put up with it, whereas nowadays he just gets irritated by it all," he said.
"I wanted a normal life with my son, take him out to the footy … that type of shit."
"And now I can't … he's a different person."
Kellie Holt has given up her job at the local supermarket to care for her son. (ABC News: Danielle Bonica)