Spratt to use Taser verdict in compo bid
Kevin Spratt will use assault convictions against two WA police found guilty of unlawfully tasering him to bolster his claim for compensation over his treatment while in custody.
Lawyers for Mr Spratt, 44, yesterday signalled the 5½-year saga may not be over for Sgt Aaron Grant Strahan and police auxiliary officer Troy Gregory Tomlin.
They were each convicted yesterday in Perth Magistrate's Court of three counts of assault.
Mr Spratt's lawyer Mal Cooke said he would apply for the compensation with the WA Government soon.
"If that application is not successful, Mr Spratt will consider commencing civil proceedings against the two police officers and possibly others," he said.
Magistrate Richard Bromfield dismissed the officers' argument that their use of Tasers on the unarmed Mr Spratt at the Perth Watch House on August 31, 2008, was self-defence.
He rejected a claim by Tomlin, a senior constable at the time, that Mr Spratt had threatened to kill him immediately before he used the Taser in what the prosecution described as the "catalyst" for the fracas that followed.
Mr Bromfield noted CCTV footage showed Mr Spratt was on his knees when Strahan fired his Taser probes at him, not on his feet as the officer had claimed.
A fourth assault charge against Strahan was dismissed, because contact between his Taser and Mr Spratt at the alleged time could not be proved.
Strahan was a senior constable at the time.
Mr Bromfield is due to deliver his sentences this morning. The charges carry a maximum penalty of 18 months jail and an $18,000 fine.
Lawyer Karen Vernon applied for spent convictions against the pair, saying they had not acted maliciously.
She said a good behaviour bond would be punishment enough because Tomlin had been fined $1200 and Strahan $750 under internal police disciplinary actions in 2009.
She said Tomlin, 34, moved away from front-line policing in 2011 because of the fallout from the high-profile case.
Strahan, 45, who was promoted in March 2010 and is now the operations manager of the east metropolitan police district, had received a letter of commendation for meritorious service with WA Police, she said.
Prosecutor James Mactaggart did not seek a jail term but opposed a spent conviction and said a "substantial fine" was warranted.
Mr Spratt said in a statement it was a huge relief that justice had been delivered.
"I am pleased the court has confirmed that no one is above the law and a Taser should only be used as a last resort," he said.
