WA policemen guilty of Taser assault

Kevin John Spratt was unlawfully assaulted when two policemen repeatedly tasered him in a Perth lock-up, a court has found.

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CCTV footage shows Kevin Spratt being tasered by WA police officers.

Two Western Australian policemen have been found guilty of assaulting an Aboriginal man by repeatedly tasering him in a lock-up.

Aaron Grant Strahan, 45, and Troy Gregory Tomlin, 34, have been on trial in Perth Magistrates Court since last Monday, jointly accused of common assault over the tasering of Kevin John Spratt in the East Perth watch house in 2008.

CCTV footage showed the officers tasering Mr Spratt nine times in just over a minute after he refused to be strip-searched.

Defence lawyer Karen Vernon argued the policemen used justifiable force as Mr Spratt had became uncontrollable, causing the officers to fear for their safety as he proved extremely difficult to restrain.

But state prosecutor James MacTaggart said Mr Spratt wasn't posing a threat to anyone, rejecting the suggestion the policemen acted in self-defence, saying their response was not reasonable.

Magistrate Richard Bromfield ruled on Tuesday that Tomlin was guilty of all three charges he faced, while Strahan was guilty of three charges and not guilty on a fourth.

Mr Spratt was not present in court on Tuesday but said in a statement it was a huge relief that justice had finally been delivered, and he hoped the verdict made it less likely that others would suffer at the hands of police misusing their power.

"I am pleased that the court has confirmed that no one is above the law, and a Taser should only be used as a last resort," he said.

Ms Vernon said the past five years had been a dark period for the former senior constables, who had been subject to much public scrutiny, and asked the magistrate to impose a good behaviour bond or a fine, rather than imprisonment.

Tomlin and Strahan had already been fined $1200 and $750, respectively, after an internal WA Police disciplinary hearing, she said, and they had suffered personal condemnation and shame.

Ms Vernon also said her clients, who could lose their jobs as a result of the verdict, would seek to apply for a spent conviction as it would dent their employment prospects.

Strahan is still performing operational duties for the police, while Tomlin is now a police auxiliary officer.

Both were formerly senior constables.

Mr Spratt said an application for an ex-gratia compensation payment would soon be submitted to WA Attorney-General Michael Mischin, and he would also consider civil proceedings against the officers.

The magistrate is considering Ms Vernon's submissions and has adjourned the matter - which made international headlines - until Wednesday morning.

The trial came about after WA's Corruption and Crime Commission recommended in an April 2012 report that the Director of Public Prosecutions consider laying charges against the pair.


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3 min read
Published 21 January 2014 8:20pm
Updated 21 January 2014 10:10pm

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