VicPD officer requests review after OPCC recommends his dismissal

The Office of the Police Complaint Commissioner (OPCC) has announced that a VicPD officer is requesting a review of a recommendation for his dismissal. 

The OPCC’s initial investigation found that Constable Denis Belkin of the Victoria Police Department committed five counts of misconduct in incidents that took place between December 7th and 9th, 2023.

A witness reported seeing Belkin knock a man off his bike and repeatedly punch and kick him. 

The witness later provided a cell phone video showing the officer delivering multiple punches and knee strikes. 

The OPCC says that the man who was impacted by Belkin’s misconduct raised concerns about that incident, the officer’s handling of seized property and another use‑of‑force incident that occurred two days later.

“An investigating officer investigated the complaints,” said the OPCC in a media release. 

“During the investigation, Constable Belkin provided information that was contrary to what could later be seen in the cell phone video.”

Following the investigation, a discipline hearing was held by a senior police officer. 

Evidence in the hearing included testimony and admissions of misconduct from Belkin, as well as statements from witnesses, police records, an expert report and the cell phone video.

The result of the hearing was that Constable Belkin was found to have committed the following three types of misconduct, along with proposed disciplinary measures:

• Abuse of authority for unnecessary force used against complainant — five‑day suspension without pay
• Neglect of duty for three separate allegations related to inadequate documentation and improper handling of seized property — suspensions ranging from four to eight days without pay
• Deceit for providing false or misleading information to the investigating officer regarding the use of force — dismissal

Since the hearing, Belkin has requested a review of the findings and Police Complaint Commissioner Prabhu Rajan has appointed retired judge Elizabeth Bennett to conduct the review. 

Constable Belkin focused his request for a review on how the senior police officer assessed his likelihood of future misconduct, how the deceit allegation was characterized, whether his acceptance of responsibility was properly considered, consistency with comparable cases and most importantly, whether dismissal is proportionate. 

The appointed retired judge will conduct a review of the existing evidence, including Belkin’s admissions of misconduct, receive submissions and determine the appropriate disciplinary or corrective measures. 

Once Bennett’s review is complete, she will issue the final decision on discipline.