TWO Ballarat police officers have lost a High Court appeal to escape giving evidence before an anti-corruption probe over claims they assaulted a woman.

The two officers, a man and a woman whose names are suppressed, allegedly kicked and stomped on the woman as she lay handcuffed and half naked on the floor.

Court documents allege the intoxicated woman also drank toilet water after complaining the tap in her cell didn’t work during the incident at Ballarat police station in January last year.

It’s also claimed she was held for 16 hours, four times the normal length.

The officers were accused of being involved in a number of other incidents concerning possible human rights violations of other women.

The Independent Broad-based Anti-corruption Commission investigation, known as Operation Ross, was looking into allegations of serious police misconduct; whether any human rights were violated; the sufficiency and appropriateness of internal reporting by police involved in the conduct; and the handling of complaints regarding the conduct by Victoria Police.

The High Court unanimously dismissed the appeal, holding IBAC had the power to examine people who have not yet been charged over a criminal offence.

IBAC called for the pair to give evidence before a public hearing in April last year.

The Commissioner, Stephen O’Bryan, QC, refused submissions by the officers to be allowed to give their evidence in private, and that one of the officers should not be compelled to give evidence.

The officers applied to the Supreme Court to prevent IBAC from examining them.

The Supreme Court dismissed their application for judicial review, finding that because the pair hadn’t been charged they couldn’t take advantage of a legal principal excusing them from assisting the prosecution case.

The Court of Appeal refused the officers’ leave to appeal the decision of the Supreme Court.

This morning the High Court held the officers’ privilege against self-incrimination was overridden by the IBAC Act.

An IBAC spokesman declined to comment on whether public examinations into the matter would resume.

“The IBAC investigation into alleged excessive use of force by police at Ballarat, known as Operation Ross, continues. Anyone with information relevant to the investigation should contact IBAC on 1300 735 135. IBAC is not in a position to comment further at this time,” the spokesman said.

Costs were awarded against the police officers.

angus.thompson@news.com.au