WA:Man tasered to force compliance, CCC told

AAP General News (Australia)
12-14-2010
WA:Man tasered to force compliance, CCC told

EDS: Attention to language in fourth par



By Josh Jerga

PERTH, Dec 14 AAP - The first officer to taser Kevin Spratt at a Perth watchhouse concedes
he used the weapon to force the Aboriginal man to obey his orders, a corruption hearing
has heard.

Senior Constable Troy Tomlin was one of two officers who tasered an unarmed Mr Spratt
14 times on August 31, 2008, after he refused to submit to a strip search.

CCTV footage of the incident at East Perth Watch House showed Mr Spratt initially complying
with the request but then turning around, sitting down on a seat and gripping the arm
rest.

Snr Const Tomlin told the Corruption and Crime Commission (CCC) hearing on Tuesday
he tried to remove Mr Spratt's grip and told him "give us your arm or you're going to
get f***ing Taser".

The hearing also heard evidence he gave to a police internal investigation in which
Snr Const Tomlin initially denied he used the Taser to make Mr Spratt comply, despite
saying he was frustrated with how long it was taking to get Mr Spratt to remove his grip.

"I don't believe it was for compliance, I believe it was to regain control of him,
but I mean how far do we have to go before the Taser is deployed?" he said in evidence
read out by Peter Quinlan, counsel assisting the commission.

"I mean, do we have to wait to be punched or spat at or kicked ... I mean I'm sure
we don't have to wait to be assaulted, for anyone else to be assaulted or for him to be
hurt.'

He later added: "At the time I couldn't see any other option, I mean leaving him sitting
there. I mean how long can we wait for him to be got up from the seat, or is he going
to lash out at someone?"

Despite CCTV footage showing no sign that Mr Spratt was about to lash out, Snr Constable
Tomlin said he clearly recalled that he had.

He told the hearing on Tuesday that he also remembered the now 41-year-old kicking
and screaming in pain, which prompted him to use the Taser to prevent further injury.

"I understand it looks different on the video, and I'm surprised it looks different
on video ... if that didn't happen, that's compliance, I totally agree with that."

Police guidelines on Taser use stipulate they should not be used to make people comply
with directions.

Snr Const Tomlin also told the internal investigation: "In the real world you don't
sit around for 10 minutes asking someone to go through a strip search. It's got to be
done."

He confirmed to the CCC hearing he gave Mr Spratt five seconds to comply with the order.

The officer ended up using the Taser gun four times in drive mode before Sergeant Aaron
Strahan deployed his stun gun 10 times.

Snr Constable Tomlin said he was surprised, given his experience, that after the first
use of the Taser Mr Spratt did not comply.

"They just submit ... they generally go okay, I've had enough, and you can regain control
by using drive stun."

He said he thought he had acted appropriately and according to police guidelines and
was shocked when he was stood down from the force pending a police investigation.

Snr Constable Tomlin was later found to have used undue and excessive force and was fined.

The hearing continues.

AAP jsj/jl/was

KEYWORD: SPRATT

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