Cops' Taser use not justfied, court told
Two WA police officers had no lawful justification for tasering unarmed prisoner Kevin Spratt repeatedly at Perth Watch House in 2008, a court was told yesterday.
The opening day of the officers' trial in Perth Magistrate's Court was the first opportunity they had to answer charges of unlawful assault and Sgt Aaron Grant Strahan pleaded not guilty to three counts and Troy Gregory Tomlin not guilty to four.
It is the third time the men have been held to account over the incident on August 31, 2008.
They were fined after internal WA Police disciplinary proceedings in 2009 and the Corruption and Crime Commission recommended in 2012 that they face criminal charges.
Footage of Mr Spratt writhing in pain while being tasered repeatedly made world headlines when the CCC released it in October 2010.
Prosecutor James Mactaggart said yesterday in his opening address it was accepted Mr Spratt had been under the influence of alcohol and probably illicit drugs when he was arrested in Bayswater and taken to the watch house.
"But the incident that followed was frankly inexplicable," he said. After handcuffs shackling him to a bench were removed, Mr Spratt was told by Mr Tomlin - then a senior constable stationed at the watch house and now a police auxiliary officer - he could be tasered if he refused to go to a cell for a strip search, Mr Mactaggart said.
Mr Tomlin then used the Taser, causing Mr Spratt to fall to the ground, where he was tasered again by Mr Tomlin and by Sgt Strahan, who had arrested Mr Spratt in Bayswater. "There was no lawful basis whatsoever for the use of the weapon," Mr Mactaggart said.
"The officers weren't acting in self-defence. Mr Spratt was by himself and there was no evidence he was armed. There were eight police officers including Sgt Strahan in the room."
Det-Sgt. Gary Thwaites, the officer in charge of the watch house that day, told the court Mr Tomlin had sought permission to arm himself with a Taser when the senior officer told staff at the facility that a "violent prisoner" was coming in from Bayswater.
Sgt Thwaites told the court Mr Spratt's head was rolling about as he sat on a bench before being tasered, but "he was displaying no violent tendencies".
Another officer stationed at the watch house, Sen. Const. Emanuel Bakovic, said he was "scared" of Mr Spratt because he was reportedly "violent, unpredictable and aggressive".
After Mr Spratt was tasered, he grabbed the prisoner's right arm but he broke free.
Mr Spratt briefly took the witness stand to tell the court he had no recollection of being tasered.
Outside court, Mr Spratt's partner Tayunna Schatkowski said he had been "the victim of a torturous event" and accused police witnesses of "turning around and trying to blame him".
Mr Spratt said outside court he wanted justice.
The officers weren't acting in self-defence. " James Mactaggart
