Victoria Police chief Ken Lay fights not to testify in racism case Victoria Police Chief Commissioner Ken Lay is fighting to not testify in a racism case. Picture: Craig Borrow Source: Herald Sun POLICE Chief Commissioner Ken Lay has launched a legal fight to avoid giving evidence in a case alleging racism and violence by police. Lawyers for Victoria Police yesterday argued before the Federal Court in Melbourne that Mr Lay should not have to take the witness stand. They wanted to overturn a previous ruling by the same court that the Chief Commissioner testify in the court case. A number of African youths from the Flemington area have brought legal action saying they were abused and assaulted by local officers. It will be argued that Victoria Police as an institution engages in racial profiling. The matter is due to go to trial next week. Mr Lay was assistant commissioner for the police region covering Flemington at the time of some of the allegations. He appointed Insp Mark Doney in 2006 to conduct a review of relations between police and African youths living in the area. Lawyers for the youths are expected to ask Mr Lay about what steps he took after receiving Insp Doney's report and its recommendations. Insp Doney is now the head of the force's elite special operations group. Several other officers, including another senior policeman who compiled a report on the issue, have also been told to appear. The Federal Court will decide on Monday whether Mr Lay's subpoena should stand. Arnold Bloch Leibler, the law firm representing the six youths, has also asked for internal force documents it believes can help their case. They include sections of Insp Doney's report they say they have not been granted. Senior counsel for the youths, Jeremy Rapke, said what Insp Doney found and what he reported back to Mr Lay were central elements of the case. They would be relevant to the defence's claim that Victoria Police took all reasonable steps to stop racist acts by members. Senior counsel Greg Lyon, for Victoria Police, said the application for more documents came a year after the applicants received Insp Doney's report. Justice Christopher Jessup ruled the matter of whether Mr Lay gives evidence would be decided when the trial starts next Monday. The trial will be presided over by Justice Shane Marshall.