Court ends case against police charged over use of Taser and pepper spray on ‘vulnerable’ First Nations man
Summary
A court stopped the case against two police officers charged with using a Taser, pepper spray, and restraints on a mentally vulnerable First Nations man in police custody. The judge found that a false statement was added to the victim’s interview, making a fair trial impossible.Key Facts
- Two senior constables were charged for their actions in a police watch house in Mareeba, Queensland, in January 2024.
- The man involved was 23 years old, diagnosed with schizophrenia, and described as cognitively and emotionally vulnerable.
- The man was pepper sprayed, Tasered four times, and left restrained in a violent detention cell.
- The police investigation included interviews, but a key part of the victim’s statement was falsely inserted by an investigating officer.
- The victim did not understand the meaning of "consent" and had said the officers acted as needed during the incident.
- The judge ruled that because of the false statement, a fair trial could not happen, leading to a permanent stay of the case.
- There is video footage of the incident from CCTV and body cameras.
- The judge said that although the charges were serious, the legal fault in the investigation prevented the case from continuing.
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