The Authority oversaw a Police investigation into an allegation an officer used excessive force to arrest a motorcycle rider.
The officer used their patrol car to stop the rider from exiting a petrol station, pinning the motorcycle against bollards that were protecting the petrol pump. When the rider ran from the collision, the officer used pepper spray and their Taser to arrest the rider.
The Police investigation established that the officer intended to stop the rider because they were not wearing a helmet. The officer said while pulling into the forecourt, he accidentally pressed the accelerator pedal which caused the car to drive forward into the motorcycle. The officer had not activated their lights or siren, and the rider was not signalled to stop, which made the traffic stop unlawful.
The rider was not committing an offence by failing to remain stopped when they ran from the collision. The officer did not have a power to arrest the rider, as the only offence the rider had committed was failing to wear a helmet, which is an infringement-only offence.
When the rider ran from the petrol station, a member of the public gave the officer a lift in their van so they could catch up. The officer said after getting out of the van the rider approached them with clenched fists, and they used pepper spray in self-defence. The rider then turned and ran away from the officer. The rider does not remember being threatening towards the officer. Police did not identify the civilian driver of the van and there were no other witnesses. Police concluded the use of the pepper spray was reasonable.
Police viewed the Taser camera footage which showed the rider was running away from the officer when they first fired the Taser. This deployment was ineffective, so the officer fired it again, this time successfully. The rider fell to the ground.
After the effect of the Taser ceased, the rider moved onto their knees and the officer instructed the rider to get onto their stomach, before firing the Taser a third time. Police found each use of the Taser was unnecessary and excessive as there were no grounds to arrest the rider and the rider was not a threat at the time.
The officer was charged with careless driving and assault with weapon and pleaded guilty. The officer was convicted of assault with a weapon. They were discharged without conviction on the careless driving charge.
Police commenced an employment process, however the officer resigned before the matter concluded.
We are satisfied with the Police investigation and outcome.
IPCA: 24-22391