Dale Ewins and Zika Sukys are suing police after they were shot at a nightclub. Credit:Facebook "In response, it appears Victoria Police believed it was appropriate to storm the venue with a team of about 10 Critical Incident Response Team members and within 32 seconds, start shooting our clients," Mr Price said. He said Mr Ewins and Ms Sukys would be seeking damages for pain and suffering, loss of earnings and medical expenses. "They are also claiming aggravated and exemplary damages due to the conduct of Victoria Police," Mr Price said. The owner of Inflation nightclub, Martha Tsamis, confirmed she would also be taking civil action against Victoria Police within weeks.

Mr Ewins, who worked as a hospitality manager on the Bass Coast, was shot "multiple times in his back" before he was Tasered and assaulted by police, according to his lawyer. He underwent emergency surgery to remove part of his bowel, and was re-admitted to the Royal Melbourne Hospital last week for the first of several operations to reconstruct his shoulder. Ms Sukys is recovering from two wounds to her leg that required extensive surgery. Mr Price said the injured couple were too traumatised to face the media. The couple had attended the Saints and Sinners Ball at Inflation nightclub, when police received "a number of phone calls in relation to the male with the firearm, including from the venue," according to Superintendent Lisa Hardeman. The gun was a replica, part of a costume worn by Mr Ewins who was dressed as Batman villain the Joker, while Mr Sukys came as Harley Quinn, popularised in the movie, Suicide Squad.

The first shot was fired just after 3.54am on Saturday July 8, but CCTV footage obtained by Fairfax Media revealed several police officers first entered the building at 2.52am. In the hour leading up to the shooting, police observed the man from a monitor in a ground floor office. They had been told by a security guard that the gun was a plastic replica. At 3.53am, 10 armoured CIRT officers - some armed with machine guns - gathered outside the King Street entrance of the club. A minute later, they stormed through the front door in single-file and and headed up a flight of stairs. As the highly-trained officers reached the first floor, they made a sharp left and shone a torch on the couple who were on a couch in a darkened corner. About six seconds later, the muzzle flash from the first shot can be seen.

Following the incident, Superintendent Hardeman explained the police response to a media scrum outside the club. "If you look at all the circumstances when a gun is aimed at you, and you ask somebody to drop the gun and that does not occur, you need to make a split-second decision to protect yourself," she said. On Sunday, a Victoria Police spokesman said no charges had been laid against Mr Ewins, as separate investigations by the police's Professional Standards and the Independent Broad-based Anti-corruption Commission continued. Loading

At least three staff and a security guard witnessed the shooting and have claimed Mr Ewins was not holding anything at the time of the shooting. Several employees were traumatised by the incident and lodged Workcover claims last week, after receiving counselling provided by the venue owner.