Death after taser use raises questions

CHRIS UHLMANN, PRESENTER: It’s supposed to be a non-lethal weapon, but the death of a man who was Tasered by New South Wales Police has again raised questions about the use of a weapon that should stun but not kill.

The NSW Coroner has not yet identified the victim, but he’s thought to be South American.

Police have refused to comment on closed circuit TV footage from the scene which appears to show the man was running away.

What is known is that officers used taser and a capsicum spray on him and he stopped breathing and couldn’t be revived.

As Tracy Bowden reports, there’s confusion about what exactly happened and even if it was a case of mistaken identity.

TRACY BOWDEN, REPORTER: This closed circuit television footage shows the final stages of a chase which ended in the death of a man. Police say he was suspected of robbing a convenience store just around the corner. They say he resisted arrest, so officers used capsicum spray and a Taser on him. But this footage clearly shows he was running away.

Would you use the Taser on someone who’s running away?

ALAN CLARKE, NSW ASST POLICE COMMISSIONER: That would be an unusual circumstance. That would one that an officer would have to justify in terms of a reasonable force to make an arrest. In general terms, someone running away would not be an immediate threat to the officer, but may be a threat to the community at large.

DAVID SHOEBRIDGE, NSW GREENS MLC: I think it concerns anyone, anyone who’s seen the footage, anyone who just basically knows the circumstances. This should not be happening. People expect the police to protect them, not to kill them.

TRACY BOWDEN: Police were called to Sydney’s CBD at about five on Sunday morning after a man said to be agitated and foaming at the mouth burst into this store and tried to get behind the counter. 30 minutes later they apprehended a man in nearby Pitt Street. In the end, he was Tasered.

There’s some confusion about the chain of events and police are now unsure whether the man they apprehended was the reported offender

DAVID SHOEBRIDGE: I think we need to have a far more rigorous review of the circumstances in which it’s legitimate for a police officer in any state to fire 50,000 volts at a citizen who has not been found guilty of anything. It cannot be the first response. It must at best be a final response brought in by a fly-in squad, not used by every general police officer.

TRACY BOWDEN: Tasers were introduced in Western Australia in 1999 where they were initially used by the police tactical response teams. They’re now used in all Australian states and territories. Assistant Commissioner Alan Clarke says there are strict guidelines in place.

ALAN CLARKE: An officer may use Taser when he is confronted with violence, either occurring or imminent and fears injury from that. In addition, that officer may use it to protect human life or where they’re in fear of being overpowered. Predominantly it is a tactical device that is used to protect an officer in violent circumstances or protect a member of the community.

TRACY BOWDEN: Over the years a series of incidents have prompted renewed debate about the stun guns. In Queensland in 2009 a 39-year-old man died after being Tasered by police. It was eventually revealed that police had fired the weapon 28 times.

After another Taser incident, a NSW magistrate reviewed this footage and described the actions of police as unlawful and improper. He then dismissed drug charges against the man who’d been apprehended.

BRUCE BARBOUR, NSW OMBUDSMAN: We’ve been concerned about Taser use for a long time and we’ve done quite a number of reviews. Any case of use of force where there is a death involved must require the highest levels of investigation and examination by police and other relevant agencies and this is one of those cases.

TRACY BOWDEN: NSW Ombudsman Bruce Barbour says such investigations would consider a number of factors to see if use of the Taser was justified.

BRUCE BARBOUR: One of the areas that we need to look at very closely is circumstances where somebody is fleeing from police, where somebody might be offering passive resistance rather than violent resistance and whether or not those circumstances are in any way suitable for police to be using Tasers.

TRACY BOWDEN: NSW Greens’ David Shoebridge says he feels sympathy for the police on the front line.

DAVID SHOEBRIDGE: They’re given a baton, they’re given capsicum spray, they’re given a firearm, they’re given a Taser and they’re given the option of bringing their comrades in to try and restrain a violent offender, but they’re not told which to choose in those critical, often violent, highly emotionally-charged situations.

TRACY BOWDEN: But the police point to clear benefits, including a 50 per cent drop in violent assaults against officers since the introduction of Tasers.

ALAN CLARKE: Holistically, although the overall total of injuries remain fairly static, the percentage of assault injuries reduce significantly. So they’re benefits to police. But the international research indicates that there are also benefits to the offender in terms of reduced injuries to them as well.

TRACY BOWDEN: A critical incident investigation team has been set up to look into what happened on Sunday morning. In the meantime, the police are cautioning against speculation and renewing the call for witnesses.

BRUCE BARBOUR: I think Tasers are certainly a very useful tactical option for police. They must be carefully considered like any other option where force is being used. However, we need to be very careful to ensure that proper systems are in place so that if police do misuse Tasers, that misuse is identified and appropriately acted upon.

CHRIS UHLMANN: Tracy Bowden with that report.

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