Police in the Northern Territory are outraged after an officer was charged with assaulting a mentally ill film-maker, who died almost a week later in hospital.
NT Police Association president Vince Kelly has condemned the move and labelled it "unwarranted and unprecedented".
"Today is a sad day," Mr Kelly said in a statement on Monday.
Documentary maker Bob Plasto's heart stopped in the Royal Darwin Hospital on December 28, 2007.
The one-time ABC journalist, who had bipolar disorder, had been picked up by police in Darwin's CBD six days earlier.
The 57-year-old was taken to the hospital for a mental health assessment and had been waiting there for almost two hours when he told police he wanted to go outside, a coronial inquest heard earlier this year.
The father of four never regained consciousness after police restrained him when he tried to exit through ambulance bay doors.
NT Coroner Greg Cavanagh in June found police had used "excessive force" on Mr Plasto, who was the first independent film producer to enter post-revolution Iran.
Mr Cavanagh referred the matter to the Director of Public Prosecutions (DPP), saying a "litany of errors" had resulted in a "tragic and unnecessary" death.
The coroner also recommended better training for police in the use of restraint and in dealing with mentally ill patients.
The DPP subsequently charged Senior Constable Bradley Fox with aggravated assault on October 13. He is due to face court on November 9.
But Mr Kelly said the charge had proceeded without the support of the police force.
"I understand the DPP initiated this prosecution without the support of the NT Police and on the basis of legal advice which was not independent," Mr Kelly said on Monday.
"The DPP has compounded this tragedy for both Mr Plasto's family and the police officers involved by this unwarranted and unprecedented action."
Mr Kelly said the DPP had ignored the advice of senior police managers and highly experienced police investigators, who had determined that there was insufficient evidence to prosecute.
"It is our view the DPP has simply ignored his own guidelines by initiating a prosecution that is doomed to failure," he said.
"The DPP will have no credibility with our members in light of this poor decision.
"When this prosecution inevitably fails the DPP should do the honourable thing and resign."
Acting Commissioner Bruce Wernham said police had "taken up" all of the coroner's recommendations but had elected to keep Const Fox on duty.
"He will be summonsed, however he will remain attached to Darwin Station and will not be suspended from duty," he said in a statement.
"Given the matter is now pending a court process I cannot comment further until the conclusion of the proceedings."
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