Police's second Tasering of man already on the ground unjustified, IPCA says

September 12, 2019

The Tasering of a disorderly man in Picton for a second time after he was already Tasered once and was lying on the ground was unjustified, the police watchdog has found.

The Independent Police Conduct Authority (IPCA) said today in a statement that the officer was justified in Tasering a man during the June 2018 incident, but that he shouldn't have used the device a second time.

On June 23 last year, two officers responded to reports of five men causing a disturbance at a house.

On arriving, Police found the men, and one of them was reportedly shadow boxing and running between the two officers.

Concerned they could be outnumbered and overpowered if it came to a scuffle, Police Tasered the man - a decision the IPCA said was justified.

However, the Tasered man, who was now on the ground, was then Tasered again because the officer thought he could still pose a threat.

The IPCA ruled that the second Tasering was "a disproportionate and unreasonable response.

"The officer should have taken the time to re-assess the situation after the first firing of his Taser and considered whether a less forceful tactical option was available to control the man once he was on the ground," Authority Chair Judge Colin Doherty said.

In a statement, Police acknowledged the report, but defended their actions by saying the officer involved believed the man on the ground to still be acting in "an assaultive manner".

"Police acknowledge that Officer A could have communicated his actions better to the offender," Police said.

"Officer A has had feedback on this incident in regard to his decision-making and communication, and we have also used this incident as a learning and development opportunity for wider Tasman District staff."

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