Man Tased twice, fined $1500
A SHANNON BROOK man has accused a police officer of using a Taser on him while he was already handcuffed on the ground.
Ben Pearce, 21, pleaded not guilty in Casino Local Court yesterday to assaulting Sgt Thomas Kirk at 11pm on May 29 last year, and not guilty to resisting Senior Constable Christopher Brien.
After being Tased, Pearce yelled at the injured officer: “I hope I cut you. I hope I made you bleed.”
Following a two-hour hearing of the matter, with evidence given by friends of Pearce and by Sgt Kirk, Magistrate Nicholas Reimer found Pearce guilty of both offences and fined him $1500.
He was also put on a two-year good behaviour bond.
The magistrate did not find Pearce was handcuffed when Tased the second time.
Mr Reimer said violence used toward police officers exercising their lawful duty must be denounced and Pearce’s intoxicated behaviour was reprehensible.
Pearce was Tased twice, once on his leg and once on his chest when he struggled with a police officer in Barker Street, Casino, as police tried to move on a group of rowdy and drunk people.
When an officer took Pearce’s brother Chad into custody and walked him towards a police van, Sgt Kirk ran across the street fearing Pearce was about to intervene.
He put Pearce in a headlock and then against a wall. After removing Pearce’s wallet from his pocket to get identification, Pearce then punched the sergeant in the mouth.
Defence lawyer Vince Boss unsuccessfully argued police had acted outside the scope of their duty and that a person who was hit had every right to defend their position.
Mr Boss said that evidence indicated Sgt Kirk came up behind Pearce, put him in a headlock, pushed him against the wall and took the wallet from Pearce’s trousers without saying anything to identify himself until he was slugged.
“Police have no right to do that. There was no indication he (Pearce) was about to do an offence,” Mr Boss said.