The police members were conducting a welfare check on the man, who was 36 at the time and withdrawing from opiods, when the assault occurred.
The officers challenged the magistrate’s findings in the County Court today, but judge Claire Quin ruled the force they used was disproportionate and unnecessary, dismissing their appeals.
The dismissal means the officers face the same penalties they did in July last year over the assault, the pair slapped with good behaviour bonds without convictions and hefty fines.
Senior constable McLeod has been ordered to pay $3500 to the court fund and senior constable Hilgart must pay $1000.
Senior Constable John Edney was also found guilty last year of two counts of unlawful assault relating to the incident, where he struck the victim with a baton and stood on his head.
However, he chose not to appeal the original verdict and penalty.
Victoria Police in a statement today said the officers were suspended with pay during their appeals but this position was now “being reviewed” by the force.
Source: 9News | World News