Media Release : Qld Taser Rollout

Media Release

“BILL OF RIGHTS ACTIVIST SLAMS TASER ROLL OUT FOR QLD COPS”

Related articles
THE IMPORTANCE TO ACTIVISTS IN QLD – OF FOI IN UNEARTHING POLICE MISCONDUCT.
www.cynicismcentral.org/node/32

Qld Cops “Ethical Standards Command” Delays warrants Crime and Misconduct Commission Act Amendment
www.cynicismcentral.org/node/49

Qld Election wish list : Recommendations for statutory reforms relating to the Qld Police , Ethical Standards Command , Crime and Misconduct Commission . www.cynicismcentral.org/node/59

QLD TASER ROLLOUT HALTED - TASER REVIEW LIKELY TO BE A SHAM !
www.cynicismcentral.org/node/65

Contact Pat Coleman : Ph 0439839121 , email: cynicismcentral [dot] org [at] hotmail [dot] com Website : www.cynicismcentral.org

I said the following , like it or lump it:.........................

The mailed fist approach to policing and public order would be expected of a national party government in Qld. However the Labor party has been in power since 98 .

The labor party is not about to do anything to improve the rights of Queenslanders and since 1998 has refused us a state bill of rights (1).

The labor party is about maintaining its power under a system described by the Qld Constitutional Review Commission as “an elective dictatorship” (2).

The labor party has done bugger all to change the culture of the cops and their attitude towards people who question them. In certain circumstances citizens are entitled to resist police, that is , when the police are acting unlawfully .

Often, It takes a year after arrest to be acquitted by a magistrates court. It may take another 3 to bring them to justice in a civil proceeding and the state of Qld will fight you all the way.

The labor party has done nothing to improve the accountability of police or the so called Ethical Standards Command.

Under the Police Service Administration Act the state cannot be sued for exemplary or punitive damages. These damages are stated by the law to be to teach the state that tort (law breaking) does not pay.

A taser would not have helped that police lady who was king hit from behind in a cowardly manner, her mates could have if they looked out for her.

The police commissioner has stated that most situations settle down once a taser has been produced, bank staff and customers settle down when an armed robber produces a weapon too.

The Yanks pioneered the use of tasers because it is their culture to replace lack of smarts and human rights awareness with the use of overwhelming force in most matters. Tasers can kill.

The labor party has also replaced its lack of smarts with overwhelming force all over the country . Take the Victorian Police response to the s11 protests at the Crown Casino in 2000, the NSW APEC and World Youth Day laws , and Qld ‘s reassertion of power with guns to peoples heads after the Palm Island rising for instance .

The Qld cops see themselves as a sacred institution above the law. This has to change.
Improving the rights of Queenslanders should come before the right to take them away.

The way to begin this change is to:
• bring in a bill of rights enforceable by the citizen

• Make sure the use of any weapon by police is justified by an objective belief and not a subjective suspicion which police claim -simply means “I think but I do not know” . Reasonable suspicion actually means "Just Cause" , a suspicion must be grounded in fact (3).

It must be made clear that whether it is a "reasonable suspicion" or "reasonable belief" that the officer/s on the spot at the time must have this state of mind (4).

-That the convenience of police and the liberty of the citizen are not to be weighed against each other (5)

-That the taking of liberty or an assault can only be done if there is an OVERRIDING NECESSITY to prevent harm to a cop or the person that is subject to police attention (6)

-That a cop or other person may do what is necessary but only what is necessary in self defence , it must be proportionate (7)

-That invasion of liberty and trespass to the person can only be authorised , justified or excused by the law . Guidelines are not binding (8) . This means that police should be subject to the same restrictions on the use of force and prohibitions of torture (pain compliance) under the code as anyone else. (see comment below with SBS story on taser guidelines with links). They should be trained in the legalities of the use of force and the consequences of breaking the law themselves (9)

• Make the state liable for exemplary damages under s10.6 of the Police Service Administration Act Qld in an action against the cops ;

• As pursuant to s546A of the criminal code of Qld any citizen may arrest cops for offences , there needs to a law change that cops can be surrendered for charge to a court , even after hours;

• That because the use of pain compliance is torture and it takes years to prove claims against cops in the courts, there should be a system of retributive justice for citizens to opt for, similar to the tradition in many aboriginal tribes- of spearing. It should be legal to use a taser on a police officer , his commanding officers and the police minister , for not less than 3 times as long as it was used unlawfully against you , so too with deprivation of liberty and any other assault . This would make any police minister and any senior police officer acutely aware of the need to protect human rights.

(1) Legal Constitutional and Administrative Review Committee Qld , Report no. 12 Nov. 1998 “Should Qld adopt a bill of rights”
http://www.parliament.qld.gov.au/view/committees/documents/lcarc/reports...

(2) http://www.constitution.qld.gov.au/review/final.pdf elective dictatorship , at p22 of the report
The Links to court cases on my site www.cynicismcentral.org back up the right to self defence against police .

(3) (Goldie v Commonwealth of Australia [2002] FCA 433 (12 April 2002) http://www.austlii.edu.au/au/cases/cth/FCA/2002/433.html )

(4) (Innes v Weate [1984] Tas R 14 at p 20 , Darby v Director of Public Prosecutions [2004] NSWCA 431 (26 November 2004) http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWCA/2004/431.html )

(5) (Wornes v Rankmore (1986) QR 85 at p 87)

(6) (Watson v Marshall (1971) 124 CLR 621 at 627-630 http://www.austlii.edu.au/au/cases/cth/HCA/1971/33.html )

(7) (Zecevic (1987) 61 ALJR 375 applying Palmer http://www.austlii.edu.au/au/cases/cth/HCA/1987/26.html see also s283 of the Code “Excessive Force

(8) (R v Norton [2001] WASC 84 (30 March 2001) at par [67] http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/wa/WASC/2001/84.html , Friends of Hinchinbrook Society Inc v Minister for Environment & Ors [1997] FCA 55 (14 February 1997) http://www.austlii.edu.au/au/cases/cth/FCA/1997/55.html )

(9) Adams v Kennedy & Ors [2000] NSWCA 152 (26 June 2000) http://www.austlii.edu.au/au/cases/nsw/NSWCA/2000/152.html

The Foi article provides proof of lack of accountability and links to the criminal code and police service administration act . www.cynicismcentral.org/node/32

Abc.net.au stories on tasers –
link: http://search.abc.net.au/search/search.cgi?query=tasers&collection=abcne...

Re: Statewide taser rollout for Qld cops , see Courier Mail article “ Qld police issued stun guns within 12 months” Micheal Wray and Josh Robertson 17/7/08 http://www.news.com.au/couriermail/story/0,23739,24030871-952,00.html ,

also www.brisbanetimes.com.au Article “Taser rollout ‘open to abuse’” Georgina Robinson and AAP 29/1/08 Georgina Robinson http://www.brisbanetimes.com.au/news/queensland/stunning-decision-tasers...

GoogleLink http://www.google.com.au/search?hl=en&q=tasers+%2B+queensland+police+%2B...

http://www.google.com.au/search?hl=en&cr=countryAU&q=taser&start=10&sa=N

Taser Guideline articles
http://www.google.com.au/search?hl=en&q=taser+%2B+guidelines&btnG=Search...

Comments

West Australian Taser Inquiry

WA launches inquiry into use of Tasers
Debbie Guest | July 28, 2009
Article from: The Australian
http://www.theaustralian.news.com.au/story/0,25197,25844715-5006789,00.html

WESTERN Australia's Corruption and Crime Commission is investigating the use of Tasers by the state's police.

The inquiry comes as Police Commissioner Karl O'Callaghan told a parliamentary committee yesterday there had been 68 complaints alleging police misuse of Tasers since they were introduced in 2007.

Four complaints about alleged misuse of the stun guns have been upheld and 24 complaints are still being investigated.

The CCC was tightlipped about the investigation yesterday but confirmed it had been going for several months.

"The commission is aware of a range of concerns about the police use of Tasers and is currently inquiring into the issue," the spokesman said.

Last week a 36-year-old man from the remote desert community of Warburton, 1540km northeast of Perth, caught on fire and suffered third degree burns after being shot with a Taser.

Ronald Mitchell remains in a critical condition in Royal Perth Hospital with burns to his face, neck, arms and chest.

Police say Mr Mitchell, a petrol sniffer, was shot with a Taser after he threatened them with a bottle of fuel and a lighter.

Last week Mr O'Callaghan was quick to defend the officer who fired the Taser and stressed there was no evidence that the gun caused the flames.

Mr Mitchell is expected to be charged by police with attempted assault but has still not been interviewed by officers because of his medical condition.

An internal investigation into the officer who fired the Taser is continuing but is not expected to be finalised for months.

"It will be a while before we resolve that," Mr O'Callaghan told ABC radio yesterday. "It will very much depend on how well this man is, who's in hospital, how quickly he recovers from his injuries and at what stage we will be able to talk to him."

The incident prompted Aboriginal Legal Service WA chief executive Dennis Egginton to call for a moratorium on the use of Tasers until a review of the weapons was conducted.

But Mr O'Callaghan has dismissed such calls, arguing that without Tasers, the only other option for police facing a life-threatening situation was a firearm.

I would say...

woww… this is great info.Looking forward to more on this topic. Thanks for posting.

Abhishek

________________________
ed. deleted commercial link , thats a no no!

taser caused heart attack

Taser victim died from heart attack
Print Michael McKenna | June 19, 2009
Article from: The Australian
http://www.theaustralian.news.com.au/story/0,25197,25657862-5006786,00.html

A QUEENSLAND man shocked 28 times by a police officer with a 50,000-volt Taser died of a heart attack within minutes, an autopsy has confirmed.

Pathologists made the finding in a post-mortem report into last week's death of Antonio Galeano, as Queensland police yesterday corrected the public record after earlier claiming the amphetamine addict was shocked only three times.

That first claim was contradicted by data downloaded from the unnamed senior constable's stun gun.

The data, taken from the weapon within hours of Mr Galeano's death early last Friday, was not released publicly until an exclusive report yesterday in The Australian that revealed evidence he had been shocked repeatedly, each time for a duration of five seconds.

Mr Galeano, 39, eventually collapsed and died while in handcuffs.

The two officers involved in the incident at Brandon, south of Townsville, are now under police protection because of death threats, which police sources claim come from criminal associates of Mr Galeano.

Calls mounted yesterday for a criminal investigation into the use of the Taser on the man, who had earlier allegedly assaulted a woman and was wielding a metal bar when confronted by the officer and his partner, a first-year constable, at a unit at Brandon.

It can also be revealed that the Queensland Police ethical standards command, which is investigating on behalf of acting State Coroner Christine Clements, has questioned why Mr Galeano appeared to have been repeatedly hit by a Taser after being cornered in the bathroom of the unit.

Mr Galeano was initially targeted with the Taser through a broken window of the unit, before being sprayed with capsicum spray and then hit repeatedly with the stun gun after he backed into the bathroom.

Investigators are looking at whether the officer should have allowed Mr Galeano -- who had earlier been discharged from hospital where he had undergone a phsychiatric assessment -- to calm down after the first hit from the stun gun.

The post-mortem found that Mr Galeano had an existing heart condition.

The stun gun's US manufacturers have claimed the weapon cannot cause a heart attack. But a report in the Canadian Medical Association Journal last year said studies on pigs indicated that the weapon could cause an "adverse event" in the heart.

The senior constable who used the Taser is now on leave and has told investigators he only hit Mr Galeano several times.

Deputy Police Commissioner Ian Stewart yesterday said the investigation was also looking at whether the Taser malfunctioned and if the data recorded on the gun was incorrect.

"We are yet to understand exactly what those activations were -- whether they were being fired or whether it was ... placed against an object or person," Mr Stewart said.

But George Hateley, the exclusive distributor of Tasers in Australia, this week said a malfunction was unlikely.

"It is an outside possibility," he said. "And the data taken off the weapon is very accurate."

The data on the Taser prompted Police Minister Neil Roberts and Commissioner Bob Atkinson to this week freeze the rollout of a further 1300 Tasers, and to order a Crime and Misconduct Commission review of Taser policy and training in Queensland.

Both have refused to withdraw from service at least 1200 Tasers already being used by general duties officers since January.

Its Queensland after all

Man Tasered 'more than 20 times
Print June 18, 2009
Article from: Australian Associated Press
http://www.theaustralian.news.com.au/story/0,25197,25653721-5006786,00.html

A NORTH Queensland man who died after police stunned him with a Taser could have been hit more than 20 times.

Queensland Police said data downloaded from the Taser used on a 39-year-old Antonio Galeano in Brandon, near Townsville, showed it operated on 28 separate cycles at the time of the incident on June 12.

They were analysing the Taser to determine how many of those 28 cycles involved the deceased.

Queensland Police Union acting president Ian Levers said he was baffled by the data.

"At first it was believed the man was tasered three times, now this figure that's come out is baffling," Mr Levers said.

"I say lets get cameras on Tasers so we can be certain - it's important we have the best available evidence when allegations of wrongdoing or excessive force are made."

He said cameras would provide footage of an event which could clarify how many times a person was Tasered.

A coroner is investigating the death.

_______________________________________
Man was Tasered up to 28 times, not three
June 18, 2009
Article from: Australian Associated Press
http://www.theaustralian.news.com.au/story/0,25197,25653964-5006786,00.html

QUEENSLAND police have no guidelines on how many times a Taser stun gun should be fired in an incident, a senior officer said.

The disclosure follows police data showing a north Queensland man, who died after police stunned him with a Taser, could have been hit nearly 30 times.

Queensland police said data downloaded from the Taser used on a 39-year-old Antonio Galeano in Brandon, near Townsville, showed it operated on 28 separate cycles at the time of the incident on June 12.

Deputy Police Commissioner Ian Stewart said it was unclear if the man was shot that many times.

"We are yet to understand exactly what those activations were - whether they were being fired or whether it was ... placed against an object or person,'' Mr Stewart said.

He said one cycle lasted up to five seconds but there was no standard on how many times it should be triggered.

"There is no specific guideline that restricts the number of times the trigger can be pulled,'' Mr Stewart said.

A criminal justice expert has claimed that one shot was enough to disable someone.

Criminologist and RMIT Professor Julian Bondy said the incident raised questions over why Tasers are so powerful.

"What are we unleashing on the community?'' Prof Bondy said.

"We don't issue frontline police with firearms with a thousand bullets, we don't issue them with capsicum spray the size of fire extinguishers.

"Every other weapon they have is limited in its capacity but this one is out of proportion.''

Queensland Police Union acting president Ian Leavers said he was also baffled by the data.

"At first it was believed the man was Tasered three times, now this figure that's come out is baffling,'' Mr Leavers said.

"I say let's get cameras on Tasers so we can be certain - it's important we have the best available evidence when allegations of wrongdoing or excessive force are made.''

The coroner is investigating the death as well as the the police ethical standards command.

_______________
Man died after 20 hits from stun gun
Print Michael McKenna | June 18, 2009
Article from: The Australian
http://www.theaustralian.news.com.au/story/0,25197,25652981-5006786,00.html

THE north Queensland man who died last week after police used a stun gun on him was shot more than 20 times with a 50,000-volt Taser, prompting calls for an investigation into the use of the weapon and possible criminal charges against the officer involved.

Data downloaded from the officer's stun gun -- now being rolled out to police across Australia -- has revealed that amphetamines addict Antonio Galeano was shot at least 20 times, each for a duration of five seconds, before he collapsed and died while in handcuffs.

Capsicum spray had also been used on Mr Galeano during the incident, early Friday morning at a unit in Brandon, south of Townsville.

Police initially told the media that an unnamed senior constable had only used the weapon three times on Mr Galeano, 39, who earlier had allegedly assaulted a woman and was wielding a metal pipe when confronted by the officer and his partner, a first-year constable.

But The Australian can exclusively reveal that an inbuilt system in the controversial weapon -- which automatically records each time the weapon is fired -- indicated Mr Galeano was shot more than 20 times.

Mr Galeano was repeatedly shot, using the gun's "probe mode", which according to the website of US manufacturer Taser International, fires darts into the target, before a triggering delivers 19 pulses a second of about 1300 volts for five seconds.

"But the weapon also develops an open circuit arc of 50,000 volts to traverse clothing in cases where no direct contact is made," the website adds.

The Australian could find no other incident in the world where law enforcement has been reported to have deployed the gun more than five times in a single incident.

Queensland Council for Civil Liberties vice-president Terry O'Gorman last night said the revelations warranted an unlawful killing investigation into the police involved. "The focus of the investigation should not be about possible disciplinary action but whether manslaughter charges should be laid," he said.

"The amount of shots using this high-voltage weapon is completely contrary to appropriate guidelines and against evidence that a Taser is not supposed to be used more than once in a given period."

The senior constable, who shot the Taser, has told investigators from police Ethical Standards Command that he only Tasered Mr Galeano several times.

Police are also investigating whether the Taser malfunctioned during the incident or if the data recorded on the gun is incorrect.

But George Hateley, the exclusive distributor of Tasers in Australia, yesterday said a malfunction was unlikely.

"It is an outside possibility," he said. "And the data taken off the weapon is very accurate."

Mr Hateley said the weapon could be shot 196 times before it needed to be recharged.

The data on the Taser sparked Police Minister Neil Roberts and Commissioner Bob Atkinson to suddenly freeze the rollout of the tasers on Monday and order a Crime and Misconduct Commission review of Taser policy and training in Queensland.

But at the time, Mr Roberts and Mr Atkinsion refused to reveal the reasons behind their decision, saying "new evidence" was the property of acting state coroner Christine Clements, who is investigating the death.

Queensland police last night said they could not comment about the death because "it is currently the subject of a coronial investigation".

At least 1200 Tasers have been distributed to police in Queensland, after former police minister Judy Spence ordered 2500 guns be rolled out to general duties officers mid-way through a year-long trial.

Amnesty International has claimed that Tasers have been linked to more than 300 deaths worldwide.

____________________
Crime commission 'has lost its way'
Tony Koch | June 18, 2009
Article from: The Australian
http://www.theaustralian.news.com.au/story/0,25197,25653026-5006786,00.html

THE Queensland parliament should demand a public explanation from the head of the Crime and Misconduct Commission, Robert Needham, for his organisation's failure to complete an investigation into the police handling of the 2004 death in custody of Palm Islander Mulrunji Doomadgee, civil liberties spokesman Terry O'Gorman said yesterday.

Mr O'Gorman, vice-president of the Queensland Council for Civil Liberties, said Mr Needham needed to explain why it has taken more than four years to complete the investigation into the police handling of the death of Doomadgee, with no completion date in mind.

"The revelation by the CMC that the public release of findings into the issue were not imminent was nothing short of extraordinary," Mr O'Gorman said.

"The delay shows that the CMC has lost its way and after almost two decades of being the oversight body over the Queensland Police Service, the CMC has become ineffective in ensuring that complaints against police are dealt with promptly, vigorously and with credibility.

"Most criminal defence lawyers now take the view that it is a waste of time making complaints against police, especially since the investigation of such complaints were handed back to the police themselves in the mid-1990s with the CMC only having a random spot-monitoring role in oversighting how such complaints are investigated by police."

Mr O'Gorman said that 20 years after the Fitzgerald royal commission heralded the fundamental shake-up of the system of dealing with complaints against police in Queensland, another such overhaul was needed.

The CMC inquiry is expected to look at why friends of Senior Sergeant Chris Hurley, who arrested Doomadgee, were appointed to investigate the death.

It will also look at why Sergeant Hurley told a family member of Doomadgee's family who came to the watchhouse to see him to go away, and for several hours did not tell her Doomadgee was lying dead in the cell.

All frontline NSW police to get tasers

All frontline NSW police to get tasers
22:42 AEST Sat Jun 13 Jun 13, 2009
http://news.ninemsn.com.au/article.aspx?id=825218

Taser stun guns are to be issued to all frontline police across NSW.

In October last year the bright yellow Tasers were issued to senior officers only - the supervising sergeant and duty officer - at each of the state's 80 Local Area Commands.

The Sun Herald newspaper reports Tuesday's state budget will include $10 million to buy 1962 Tasers for frontline police.

The officers will be given just eight hours training, but will need to get at least 80 per cent in a written test and pass an annual certification before they can use the stun guns.

NSW Premier Nathan Rees said the roll out was part of a record $2.6 billion police budget.

"The (Police) Commissioner has advised that, after a successful trial period, Tasers should be deployed to all frontline officers - and the NSW Government has delivered," Mr Rees said.

© AAP 2009

Nth Qld Man Killed by Taser (NINEMSN)

Taser death man was 'naked and bloody'
http://news.ninemsn.com.au/national/824736/man-dies-in-qld-after-being-t...
14:08 AEST Fri Jun 12 2009
A blast from a police Taser has killed a 39-year-old in north Queensland.

A man who died after Queensland police repeatedly stunned him with a Taser gun was taken to hospital days earlier after officers found him lying on railway tracks.

Police say the 39-year-old was naked and covered in blood when they were called to a property at Brandon, near Townsville, on Friday morning.

Attending officers said the man was acting violently and was deemed a threat to himself and police, Queensland Police Union Acting Inspector Ian Leavers said.

Police decided to subdue him with capsicum spray and the Taser gun, but three stuns were required before the man could be handcuffed. He died minutes later.

"This person was extremely violent, very well known to police and a known drug user," Mr Leavers told AAP.

He said the man remained conscious for a short period after being stunned, but soon became unresponsive. Efforts to revive him failed.

Less than 48 hours before his death, the man had been hospitalised after police found him lying on railway tracks. They located him after witnesses reported seeing him running in and out of traffic.

Mr Leavers said police issued an emergency examination order and took him to the Townsville Hospital, fearing he was suicidal.

A Townsville Hospital spokeswoman declined to comment but it's believed the man was allowed to leave the facility, and did not abscond, as has been reported.

A Queensland Health spokeswoman declined to comment.

The incident is being investigated by the coroner, the Crime and Misconduct Commission and the police Ethical Standards Command.

Police Minister Neil Roberts has ruled out suspending the use of Tasers, pending the outcome of the investigation.

"The evidence to date has shown that the mere presentation of Tasers has defused situations," he said.

"With the use of a Taser rather than a lethal force of a weapon ... I believe the Taser has saved people's lives."

It's believed the man's death is the first in Queensland involving a Taser.

A man died in Alice Springs last month after police stunned him with a Taser. In 2002, a NSW man died about two weeks after being shot with a stun gun.

More on the Brandon taser death

Taser death sparks uproar

JESSICA JOHNSTON
Townsville Bulletin
June 13th, 2009
http://www.townsvillebulletin.com.au/article/2009/06/13/58741_hpnews.html

A MAN covered in blood who was armed with a metal bar died after he was shot three times with a Taser in Brandon early yesterday.

Antonio Carmelo Galeano, 39, had been released from Townsville Hospital just 48 hours before his death, after laying on train tracks and threatening to kill himself.

Queensland Police Union Acting General President Ian Leavers defended the officer's use of the controversial stun-guns and launched a scathing attack on the health system, saying the man should never have been released from hospital.

He said the deceased was a drug addict, who had severe psychological issues, and was well known to police as a violent offender.

The tragic incident unfolded when Mr Galeano entered his partner's duplex on the usually quiet Green St early yesterday.

A front window was shattered, while blood was smeared across two small windows at the back of the unit.

It was understood the woman had cowered in the house for an hour before police were called to a `violent disturbance' about 2.40am.

An ambulance responded at roughly the same time.

A first year female constable and a male senior constable from Ayr Police station arrived at the address about 10
minutes later.

Mr Leavers said police were confronted with an aggressive, blood-covered man, who was armed with a metal bar.

"They were confronted with a violent male person who was still within the house threatening himself and threatening police.

"This person is well known to police, he is a known drug user and known to be very violent ... possibly armed with weapons.

"Blood covered his face and he was threatening self harm and police.

"There was broken glass and we knew he had a metal bar."

Police attempted to negotiate with the man, before shooting a Taser through an open window.

The man continued to react aggressively when officers entered the house.

It was understood the officers then fired their Tasers at the man simultaneously.

He was handcuffed, and spoke with officers before he died suddenly.

Mr Leavers said 15-20 minutes may have passed since the man was Tasered, until he died.

"By the time he's been handcuffed, he's been restrained and he was talking with police and then he suddenly died."

Police and paramedics attempted to revive the man but were unsuccessful.

Forensic officers, plain clothes police and drug squad officers inspected the scene before the man's body was removed about 11.30am.

Mr Leavers defended use of the stun-guns, saying if that option was not available, officers may have been forced to shoot the man.

"That is a very real possibility, and what we're dealing here is a male who has a lengthy psychological history, a criminal record, as well as a known drug user.

"Those things combined together are very dangerous and these people are very difficult to deal with."

He said amphetamine use may have given the offender a super-human strength, making him somewhat immune to the effects of the stun-gun.

"It is known the Taser (was used) two to three times upon the person but he continued to be very aggressive."

Mr Leavers lashed out at the Health Department for releasing the unstable man from hospital.

"The real issue here is the mental health system.

"This man was released (from hospital) in the last 48 hours, with a known psychological injury, where he has threatened to kill himself.

"The system should be there to protect him, protect the police and protect members of the community and the system has failed.

"These people need treatment within the health care system and it was simply not provided.

"People with mental health issues should not be incarcerated in the prison system, they need health care."

Opposition health spokesman Mark McArdle said Queensland Health had a despicable track record dealing with mental health patients.

"Queensland Health have for a long time continued to fail to protect the mentally ill, the police and the public.

"Three mentally ill people in Brisbane ... died in the last 12 months because facilities were not available to protect them.

"This is an ongoing issue of catastrophic proportions. Mentally ill people are at risk from the system that should be there to protect them."

Health Minister Paul Lucas would not comment on the state of mental health facilities while the coronial investigation was under way.

The female resident arrived at the property to collect her rottweiler cross yesterday.

The clearly distraught woman lashed out at both police and the media.

"You're just like the copper ***** ...," she said. "I've got a granddaughter and I don't want her to see this. I've had a big enough night already."

Friends of Mr Galeano also arrived at the house yesterday afternoon. One man said he was still trying to get his head around the loss of a `good mate'.

Neighbours were shocked to hear of the violent confrontation in the usually quiet street, while residents from the adjoining duplex were taken to Ayr Police Station for questioning.

Long-term Green St resident Ray Pineccisio said he didn't know who lived at the address, but had seen an ambulance in the street earlier in the week.

Qld Taser Rollout Halted

Townsville Bulletin
Search for answers on Taser death
EMILY MACDONALD
June 16th, 2009
http://www.townsvillebulletin.com.au/article/2009/06/16/59121_hpnews.html

'I LOVE you little mate' were the last words mentally ill Antonio Galeano whispered to his best friend after being Tasered multiple times in her home.

Sandra Wynne has spoken out about the night a `loving father with a heart of gold' died after being Tasered during
a violent psychotic episode in Brandon.

A joint Crime and Misconduct Commission and Queensland Police Service review of Taser training and operational policies was announced yesterday.

The rollout of, and training for, Taser devices has been put on hold for a month pending the review.

Ms Wynne claimed police used excessive force against her friend and she wants to know why. She also asked how he had been allowed to leave a mental health unit at Townsville Hospital just 15 hours before his death.

TASER DEATH SPARKS UPROAR
http://www.townsvillebulletin.com.au/article/2009/06/13/58741_hpnews.html
TASER RESTRICTIONS CALL
http://www.townsvillebulletin.com.au/article/2009/06/15/59025_hpnews.html
TASER DEATH: UNION DEFENDS POLICE ACTIONS
http://www.townsvillebulletin.com.au/article/2009/06/13/58575_newsphoto....
Mr Galeano was taken to the unit after walking along nearby railway tracks in a desperate attempt to be admitted.

"I won't rest until Toni gets justice," Ms Wynne said.

"They've told me this (the coronial inquest) may take 18 months to come to an end and they asked me if I'll still remember everything.

"I will never forget.

"Mental health are to blame as well because he went and asked for help and he would never have done that unless he needed it.

"When he turned up at my place in a hospital gown (on Thursday) he was not in the right frame of mind to be released.

"With the way mental health is you have to cut yourself up for them to really help you."

Ms Wynne said she wanted to set the record straight about the circumstances surrounding her friend's death. She said Mr Galeano was not brandishing a metal pole as reported but had simply knocked a wooden curtain rail to the ground.

"Toni has never been a threat to me and I have no reason to be scared because he would never have hurt me," she said.

"All I was worried about was his own safety. He was not the person people are saying he is, violent and arrogant.

"Yes he may have been that night, but he wasn't Toni."

Ms Wynne said although Mr Galeano had a chequered past, when it came to friends and family, including his eight-year-old son, he had a beautiful nature.

"Toni had a big heart. I went to him and said my daughter was making her graduation and she needed money (for her dress) so he gave it to her.

"My Mum and Dad are elderly people and Mum's in a wheelchair. He'd go and visit them and say to my Dad `do you need any money mate?' just to help them out."

Ms Wynne asked people spreading malicious rumours following Mr Galeano's death to spare a thought for his family and friends.

Police Minister Neil Roberts said the incident was being investigated by the QPS Ethical Standards Command for the state coroner with CMC oversight.

"It is important that these investigations are allowed to run their course so all the details of this incident are fully examined," he said.

"The review we are announcing today will run parallel to these investigations and will examine current policies and training practices."

Commissioner Bob Atkinson said issues raised during the Brandon investigation had prompted the review.

"If during the review any matters are identified that warrant immediate change to policy and training then that will occur," Commissioner Atkinson said.

Police will continue to use Tasers already issued in accordance with existing policies and procedures.

__________________________________
Courier Mail
Investigation into Tasers could spell major changes
Patrick Lion
June 16, 2009 12:00am
http://www.news.com.au/couriermail/story/0,23739,25638853-3102,00.html

.POLICE will continue to use more than 1200 Tasers across the state, despite a State Government backflip to review the electroshock weapons amid safety concerns.

Police Minister Neil Roberts last night ordered a review into the devices only days after his department ruled out the move, following the death of a Townsville man who was shocked by a Taser three times.

Mr Roberts said significant new information relating to the death of Antonio Galeano, of Brandon, had emerged to prompt the review, but would not elaborate further due to ongoing investigations.

Police will now halt the $14 million rollout, including training staff, for up to a month, but officers already holding Tasers will not be asked to stop using the devices.

Mr Roberts conceded the devices may have to be abandoned altogether, but said the review was important to get to the bottom of the new information.

"The issue which has arisen over the weekend is quite a significant development in terms of the use of Tasers in Queensland," Mr Roberts said.

The review, conducted by the Queensland Police Service with the Crime and Misconduct Commission and looking at training and operational policies, comes little more than a year after the Government decided to proceed with the devices halfway through a year-long trial.

Queensland Police Union acting president Ian Leavers said the move appeared "over-cautious", saying he had no concerns over the north Queensland incident.

"I'm confident, after any review, Tasers will continue to be part of the use-of-force model for police," Sgt Leavers said.

"I believe (the officer) has acted lawfully 100 per cent and done everything accordingly. I believe they are being over-cautious."

About 2500 officers have been trained to use about 1240 Tasers since January. About 2000 devices would be in use under the full rollout.

Police Commissioner Bob Atkinson said stopping Taser use altogether during the review had been carefully considered.

But he insisted the public could be confident about future safety, saying the devices had given police safer options to defuse dangerous situations since the rollout began.

"I think (the public) can be absolutely confident," Mr Atkinson said.

"Tasers have been beneficial. They have given police different choices in terms of managing very difficult situations."

Tasers have been drawn 264 times since January but only needed to be fired on 63 of those occasions.

NSW Cops Taser Peaceful Man

Links to taser articles from the Australian
http://search.news.com.au/search?us=ndmtheaustralian&sid=5006784&as=TAUS...

Video of NSW cop tasering a man appearing to bedoing nothing ,he is taking legal action.
http://media.theage.com.au/national/national-news/tasered-on-oxford-stre...

Further Info
http://www.google.com.au/search?hl=en&q=taser+%2B+oxford+street&btnG=Goo...

Good information. Thanks

Good information. Thanks

West OZ cops taser driver in moving car

Video can be found at
http://media.smh.com.au/wa-news/police-taser-geraldton-driver-493078.html

Story

Police fire Taser at fleeing driver in Geraldton
April 27, 2009
Article from: Australian Associated Press
http://www.theaustralian.news.com.au/story/0,25197,25393875-5006789,00.html

POLICE fired a Taser gun at the driver of a van during a pursuit through the streets of a West Australian city.

Police spokesman Sergeant Graham Clifford said a 17-year-old Port Hedland youth had led his pursuers on a wild chase through Geraldton after allegedly stealing the van and crashing into other vehicles and buildings.

As he headed for the Lester St nightclub in Geraldton's centre at about 12.30am today, police pulled up next to the driver and fired their stun gun through the window.

No one was injured when the vehicle, which was travelling between 15km/h and 20km/h, then crashed into a building near the nightclub.

Sgt Clifford said the teenager was alleged to have stolen a forklift earlier in the night to try to break into a liquor warehouse.

After allegedly stealing the van, the teen had driven the wrong way around a roundabout, crashing into police and other cars, he said.

With its rear tyres shredded, the van then struck a Thai restaurant before heading towards the nightclub, Sgt Clifford said.

He said the officers pursuing him had to think quickly to avoid a tragedy, as the driver had obviously not been prepared to stop.

Inspector George Macintosh said police would hold an internal review of the incident, as a matter of procedure.

Under police guidelines, any use of force is reviewed as a matter of course, he said.

The youth has been charged with stealing a motor vehicle, burglary with intent, reckless driving, driving with an alcohol level in excess of 0.08, driving without a licence and failing to stop.

Australia

id like to go, before i die!!

Northern Territory Tase Death

Man dies after Taser deployed
By Mark Schliebs | April 17, 2009
Article from: NEWS.com.au
http://www.theaustralian.news.com.au/story/0,25197,25346179-5006790,00.html

A MAN has died after police used a Taser and capsicum spray on him during a domestic disturbance.

The 39-year-old Alice Springs man was involved in a confrontation with officers at a home at 10.30pm (AEST) yesterday, Northern Territory Police said.

The capsicum spray was used and a Taser deployed, but "the man continued to confront police and there was a further struggle", police said.

"After a short time police observed the person was not breathing and immediately commenced CPR.

"Ambulance officers arrived and continued to administer CPR however the man died a short time later at the Alice Springs Hospital."

Officers from the NT Police Major Crime Division are investigating the death.

The Ethical and Professional Standards Command will oversee the investigation.

______________________________________________
Death provokes challenge on Tasers
April 18, 2009
Article from: The Australian
http://www.theaustralian.news.com.au/story/0,25197,25349746-5006790,00.html

AN Alice Springs man has died in police custody after both capsicum spray and a Taser were used to restrain him when police were called to a domestic dispute.

The 39-year-old man confronted police in Alice Springs about 10.30pm on Thursday and continued to struggle after capsicum spray and the Taser were used, Northern Territory Police said.

"After a short time police observed the person was not breathing and immediately commenced CPR," they said.

"Ambulance officers arrived and continued to administer CPR. However, the man died a short time later at the Alice Springs Hospital."

The death is being investigated by the Major Crime Division on behalf of the Northern Territory Coroner.

The investigation will be overseen by the police Ethical and Professional Standards Command.

The death sparked renewed calls for Taser use to be stopped.

Australian Council for Civil Liberties president Terry O'Gorman called for their use to be suspended until medical and scientific tests on the dead man were concluded.

In Brisbane, criminal defence lawyer Michael Bosscher called on the Queensland Government to immediately suspend police use of Tasers pending a safety review following the death of the Northern Territory man.

In January, Queensland's police force became Australia's first to issue Tasers to general duties officers as debate raged around the world over the use of the stun guns, which have been blamed for more than 50 deaths in the US since 2001 and at least one fatality in Australia, in NSW in 2002.

"What we have feared has happened," Mr Bosscher said. "Someone has died after being hit by a police Taser.

"Although the fatality was in the Northern Territory, the Queensland Government should immediately suspend their use here and conduct thorough, and publicly accountable, safety tests on the devices," Mr Bosscher said.

AAP

Tasered girl kicked policeman says Commissioner Bob Atkinson

Tasered girl kicked policeman says Commissioner Bob Atkinson
Leanne Edmistone
March 05, 2009 09:45am
http://www.news.com.au/couriermail/story/0,23739,25141900-3102,00.html

POLICE Commissioner Bob Atkinson has defended the constable who used a Taser on a 16-year-old girl at South Bank saying she kicked the officer first.

Mr Atkinson said while there were "differing views" on the incident, it was "inarguable" the constable had been physically threatened first.

"What happened there as part of that, and this is inarguable, is that in the altercation ... after the officer tried to review the people, one of the parties kicked at the officer, and she actually kicked the taser off his hip, so it wasn't properly secured," he told ABC Radio.

"It ended up on the ground, he picked it up and then very soon after he applied the taser ... for one or two seconds to the leg of one of these people, a young woman of 16 years of age."

Mr Atkinson said the incident happened just three days after the Taser trial was extended to the Dutton Park divisional area, and it was the first complaint involving the constable.

He said the constable completed an extensive de-briefing with three senior officers, but a CMC recommendation the officer be formally sanctioned would be considered.

Mr Atkinson said the most disturbing part of the CMC's report was the statement the incident contributed to a "pattern of misuse".

"I will be writing and asking for the material they relied on to make that judgment," he said.

"I'm not saying that they're wrong, but what I am saying is this that I would like to know and need to know clearly and fully what the evidence is and what the cases are that they relied upon to make that quite significant statement."

Mr Atkinson said Tasers had been used about 250 times in the past 13 months, and less than 100 times since January 1.

He said on 65 times, the threatened use of the taser had been enough to diffuse the situation. It had been used 12 times in probe mode to disable a person and six times pressed to a person's flesh to deliver a painful shot.

Terry O'Gorman calls for new police watchdog after Taser ruling

Terry O'Gorman calls for new police watchdog after Taser ruling
Michael Wray
March 05, 2009 11:00pm
http://www.news.com.au/couriermail/story/0,23739,25144841-3102,00.html

CIVIL libertarians have called for parliamentary oversight of the police, saying the service's watchdog has lost its bite after 20 years.

The calls come after the Crime and Misconduct Commission rebuked an officer who applied a Taser to a 16-year-old girl and accused the police service of failing to learn from mistakes.

But CMC chairman Robert Needham dismissed the call for more oversight and defended the decision to not insist on disciplinary action against the constable in the Taser incident.

"If there is a concerning pattern, what's the CMC doing about it?" he said. "It just seems to be a lot of hand wringing at the moment."

Mr O'Gorman called for the next government to institute a standing parliamentary committee to supervise police.

He said it should not investigate individual complaints but look at policy issues and concerns, such as the misuse of Tasers.

Mr Needham said he had been forced into making his most public attack on police after frustration at their attitude towards the incident.

"I've been expressing my view for quite a while and it seems to cause no change of attitude in the Queensland Police Service," Mr Needham said.

He said it was the "harshest criticism" he had delivered in his four years at the commission.

Calling his relationship with Police Commissioner Bob Atkinson "good, amiable and friendly", Mr Needham said he disagreed with the police's internal reports on the case.

"It speaks of the officer being left with no option but to deploy the Taser and that the officer displayed sound judgment," he said.

"In my view neither of those statements is correct."

He branded the constable as "gung-ho" but did not believe he deserved dismissal or formal discipline.

"It is inevitable that mistakes will be made but my strong view is that police should learn from those mistakes," he said.

He had also accused police of displaying a "concerning pattern" towards the handling of incidents.

Mr Needham said up to 60 complaints against police "crossed his desk" every year, of which about 20 troubled him, he said.

However, he said his position had been misinterpreted as an attack on Taser usage.

"I want to make it clear that I am not saying that there is a concerning pattern of Taser usage," he said.

Police officers avoid punishment for tasering unarmed girl

Police officers avoid punishment for tasering unarmed girl

Michael McKenna | March 05, 2009
Article from: The Australian
http://www.theaustralian.news.com.au/story/0,25197,25140731-5006786,00.html

QUEENSLAND's Crime and Misconduct Commission has refused to order disciplinary action against police, who they found used "excessive force" in holding down and tasering an unarmed teenage girl, because it happened during a trial of the controversial weapon.

After a 10-month investigation, CMC chair Robert Needham yesterday blasted the officers involved in the April tasering of the juvenile at Brisbane's Southbank, and accused Queensland Police of refusing to "objectively assess and learn" from "policing incidents".

In an extraordinary admission, Mr Needham said the CMC had offered an indemnity to police as it launched an investigation into the incident.

"The Southbank incident displayed very poor policing by the officer involved and showed a concerning pattern within QPS towards the handling of policing incidents," he added.

Last December, The Australian was forced to take legal action against police in the Queensland Children's Court to expose the tasering of the 16-year-old girl, who was shot with 50,000 volts after she had defied an order to move on because she was waiting for an ambulance to treat her sick friend.

The girl's mother last night said she was stunned by the failure to discipline the officers and would launch legal action against Queensland Police.

"She has been traumatised by this, she is a tiny girl and a dangerous weapon was used on her for no reason -- she wasn't threatening anyone," she told The Australian.

The girl, who weighs less than 50kg and cannot be named, was held down by two security guards before an officer with five years' experience shot her in the thigh.

Charges against the teenager of obstructing police were later thrown out, with Magistrate Pam Douse slamming the two police officers involved for not allowing her to stay with her unconscious friend, a girl, after an ambulance was called.

A police ethical standards unit last year recommended there be no disciplinary action against the police involved.

However, in the Children's Court last year, the police officer conceded he might have breached guidelines.

A police spokeswoman said Queensland Police would consider the issues raised by the CMC and that police training in tasers had been enhanced following the incident.

CMC blasts police for Tasering teen girl at South Bank

CMC blasts police for Tasering teen girl at South Bank
Michael Wray and Jane Chudleigh
March 04, 2009 11:00pm
Courier Mail
http://www.news.com.au/couriermail/story/0,23739,25137988-3102,00.html

THE CMC has blasted the Queensland Police Service after an officer Tasered a teenage girl at South Bank last year.

The CMC (Crime and Misconduct Commission) has accused Queensland police of failing to learn from its mistakes after an investigation into the unnecessary Taser use on a girl, 16.

CMC chairman Robert Needham said there was a "concerning pattern" in the handling of critical incidents and urged Commissioner Bob Atkinson to rein in his troops.

The CMC spoke out after overseeing an internal police investigation into the use of the Taser on the girl, who failed to obey a police order at South Bank in April last year.

The incident came months after The Courier-Mail revealed Police Minister Judy Spence had sidelined the service's top brass and brokered a deal with the police union to give Tasers to every frontline officer.

Ms Spence's intervention came barely halfway through a 12-month trial and in the middle of the union election.

Yesterday Ms Spence's office said the minister would not comment on the CMC criticism until she had read the report.

"I'm not expecting it to happen today," a spokesman said.

However Ms Spence's office reversed its stance and released a statement after The Courier-Mail sought comment from Premier Anna Bligh.

"The Commissioner of Police has advised me the Queensland Police Service will completely re-examine every aspect of this entire matter," Ms Spence said.

The South Bank incident was one of at least nine complaints against officers for using Tasers inappropriately.

The girl, 16, had defied a move-on order and was being held down by two security guards when an officer used a Taser on her thigh.

A magistrate later ruled the officers did not give adequate directions and threw out a charge of obstructing police against the girl.

Mr Needham labelled the actions "very poor policing".

"The commission expected the QPS to use the incident as a learning opportunity for the officer involved and for Taser training generally, but there is no evidence to show this has occurred," he said.

"My observations of QPS failure to learn from mistakes are not limited to this case."

He urged Mr Atkinson to "send a strong message to all police that they must objectively assess and learn from policing incidents".

Solicitor Margaret Brain, of Slater and Gordon, said she was preparing civil action against the police on the girl's behalf.

"It was a violent incident that has traumatised her," she said.

Mr Atkinson acknowledged the matter "could have been handled better" and said police would "carefully consider" issues raised by the CMC.

"It's probably the most severe criticism the CMC have expressed of the Queensland Police Service for many years, and that concerns me," he said.

Police Union president Cameron Pope could not be reached for comment.

CMC cocks it up again

Again , the CMC fails to realise that an unlawful arrest is an assault , it is deprivation of liberty , and excessive force is a crime under the code .

http://www.cmc.qld.gov.au/asp/index.asp?pgid=10814&cid=5201&id=1230

04.03.2009
Southbank Taser incident prompts CMC concerns

The Crime and Misconduct Commission has warned the Queensland Police Service must learn from its mistakes in policing or risk jeopardising the service’s professionalism.

CMC Chairperson Robert Needham’s comments follow concerns about the way the QPS handled an incident in which a 16-year-old girl was tasered by a police officer at Southbank in April last year.

Mr Needham has urged Police Commissioner Bob Atkinson to send a strong message to all police that they must objectively assess and learn from policing incidents.

‘The Southbank incident displayed very poor policing by the officer involved and showed a concerning pattern within QPS towards the handling of policing incidents.

‘The CMC made it clear to the QPS that, as the Southbank matter occurred very early in the QPS taser trial and any injuries in this case were minimal, if misuse of the taser was found disciplinary action would not be called for.’

‘Instead the Commission expected the QPS to use the incident as a learning opportunity for the officer involved and for taser training generally, but there is no evidence to show this has occurred. ’

‘My observations of QPS failure to learn from mistakes are not limited to this case,’ Mr Needham said.

‘The entire process of reviewing policing incidents should be aimed at improving the QPS level of service to the community.’

The CMC has recommended that the police officer receive managerial guidance over his actions after forming the view that he showed very poor policing:

Poor exercise of discretion in requiring the youths to move on, in circumstances where they were waiting for an ambulance to treat their ill and unconscious friend
Poor communication, in that, contrary to obligations under the Police Powers and Responsibilities Act the police officer failed to advise the youths of the consequences of disobeying a move-on direction
Using the taser contrary to the QPS policy where the girl could have been restrained less forcefully and where the police officer admitted that he knew she could be a juvenile
Use of excessive force

--------------------------------------------------------------------------------

MEDIA ENQUIRIES:
Karen Crook or Leanne Hardyman
Telephone: (07) 3360 6344
On-call mobile: 0407 373 803

Westender (Brisbane Qld) Qld

Westender (Brisbane Qld)

Qld Police "playing God"
http://www.westender.com.au/news/356

--------------------------------------------------------------------------------

Queensland Police are playing God with lives, says former-MP and Queensland Police Service Sergeant Peter Pyke.
“Talk about denial,” Pyke said. “While other Australian police agencies and those overseas openly state their concerns that tasers can kill, the QPS website and public utterances of the QPS and the Police Union representative Cameron Pope [public statement made 10.20 AM 16 January 2009 by Cameron Pope] pretends the opposite. This is very bad news for the safety of Queenslanders.”

The Queensland Police Service last week became the first in Australia to start issuing Tasers to all General Duties' officers. The rollout is scheduled to be complete by July 2009.

Elsewhere in Australia and the rest of the world disagreement rages about the use of the stun guns, blamed for more than 50 deaths in the US since 2001 and at least one fatality in Australia, in NSW in 2002. Tasers have recently been withdrawn from some police forces in Canada after incidents which resulted in the deaths of unarmed citizens.

A recent extensive UK trial has determined that only specialist officers will be armed with the stun-gun weapon. Home Office policy stating this was just published this month, January 2009.

A Report published by Amnesty International on 16 December 2008 questioned the safety of Tasers. Amnesty claims the US death toll from Tasers has now reached 334.

Amnesty's study includes information from 98 autopsies. It "found that 90 per cent of those who died after being struck with a Taser were unarmed and many did not appear to present a serious threat.

Many were subjected to repeated or prolonged shocks - far more than the five-second 'standard' cycle - or by more than one officer at a time. Some people were even shocked for failing to comply with police commands after they had been incapacitated by a first shock.

In at least six of the cases where people died, Tasers were used on individuals suffering from medical conditions such as seizures - including a doctor who had crashed his car when he suffered an epileptic seizure. He died after being repeatedly shocked at the side of the highway when, dazed and confused, he failed to comply with an officer's commands."

Amnesty reports, "Police officers also used Tasers on schoolchildren, pregnant women and even an elderly person with dementia."

Pyke said the Victorian Police position as of late last year was that Victoria Police General Duties officers are unlikely to be issued with Taser guns because of safety concerns.

In December 2008 Victoria Police Deputy Commissioner of Police Kieran Walshe stated, "Earlier this year we had a look at the issue around tasers, we were mindful of some reports emanating from Canada (and) also a NSW Ombudsman's report and we were also mindful of trials and roll-outs that were occurring in other states.”

"We also took into consideration, clearly there's evidence coming out of the United States that a number of people have died as a result of the use of tasers and we were not satisfied at that point in time it was the right move for us.” [Source: Radio Interview Radio 3AW 15 December 2008]

Victoria Police Special Operations Group members and the Critical Incident Response Team have been armed with Tasers since 2004.

Pyke said the NSW Ombudsman in December 2008 remained unconvinced about the safety of issuing Tasers to General Duties police and had publicly expressed concern that they would be misused.

”The New South Wales Ombudsman, Bruce Barbour, recently completed an extensive report recommending a moratorium on Tasers and a further two year review into their use,” Pyke said.

Mr Barbour detailed his concerns about added risks for certain groups of people, and also what has been described as mission-creep.

”In other words, when every officer is provided with a Taser, there is increasing evidence to suggest that they will be used by officers in circumstances which are more everyday circumstances, rather than what they're intended to be used for, which are very extreme high-risk, dangerous situation,” Mr Barbour said.

Pyke said the NSW Ombudsman also noted that certain people are at higher risk of having heart-related effects following the use of a Taser.

”People who are at added risk of death from the application of a stun-gun are people of small stature, substance abusers, people who are affected by alcohol, elderly people, women who might be pregnant, also people who have mental health issues and who may be on medication,” Pyke said.

“Again,” Pyke said, “because the QPS and Police Union fail to acknowledge the potentially lethal nature of Tasers, these added risk factors are being ignored in Queensland.”

"Tasers are not the 'non-lethal' weapons the QPS and Police Union claim," Pyke said. “They can kill and should only be used with that consideration in mind, and as a last resort before shooting an armed offender.”

“Part of the problem with Tasers is that they are open to substantial abuse. They are easy to deploy and can inflict severe pain at the push of a button, apparently without leaving substantial marks,” Pyke said.

In 2008, Tasers were controversially fast-tracked into use by Queensland police by the Bligh Government, just six months into a year-long trial on the devices.

“Queenslanders should be angered that during the first six months of the trial, at least one hardly laudable incident occurred where a young female citizen under-18 was wrongly shocked with the stun-gun, against policy, yet the incident was covered-up by police. As a result of this deception, the Police Minister was able to misinform the public that the trial had gone well and there was no need to delay the rollout. The police union and the Minister then made an announcement about the Taser rollout even though senior police had yet to be told that would happen,” Pyke said.

"There are a number of problems with the way the rollout of Tasers has been conducted by the Bligh Government, but the trial itself seems to have been a complete farce,” Pyke said.

Pyke said that there exists considerable evidence world-wide that when General Duties police are issued with Tasers - as opposed to specialist police units and NCO operational advisers - the stun-gun is commonly misused by officers in circumstances which are not the very extreme high-risk, dangerous situations Queenslanders had been told police need Tasers for.

“Queenslanders were told that our police needed Tasers as a weapon option to prevent citizens from being gunned down by police in heavy-duty crisis situations where an offender is armed. The QPS and the Police Union commonly cite the example of an offender armed with a knife who will ‘run through a cloud of capsicum spray’. Yet QPS records released last week show that the majority of Taser deployments during the 2008 trial were in the close-up ‘drive stun’ mode, not fired at a distance, which,” Pyke said”, appears to confirm that Tasers are already being wrongly used – coercively or abusively - as cattle prods.”

“So, even though is just the first twelve-months of Taser use in Queensland, the QPS’s own records suggest the stun-guns were misused in a majority of cases.”

Former-sergeant Pyke predicted that because the QPS was ignoring the potential for tasers to kill, and arming all General Duties police with the potentially lethal weapon, a Queenslander would die during 2009 from a Taser incident.

“While the QPS and Police Union ignore the potential for tasers to kill,” Pyke said, “they will risk Queenslanders lives every time a taser is deployed.”

“Over time, I also predict the QPS will face monumental payouts in successful civil actions as Queenslanders wrongly Tasered by police ignore ineffectual complaints processes and take the wiser option of hiring a lawyer and instigating civil action,” Pyke said.

Pyke said the undue haste and lack of transparency over the introduction of Tasers, and the actions of both the Bligh Government and the QPS were causing Queenslanders to lose confidence in their police service, and the State Government had failed Queenslanders by wrongly deploying stun-guns widely to police General Duties officers, some of whom are certain to misuse them.

“It is not to late to stop this unwise action,” Pyke said. “Premier Bligh, you have made a decision which will risk the lives of some Queenslanders. Please urgently review the Taser decision. There is a place for Tasers, but it is not in the hands of every police-officer, regardless of their lack of experience.”

Queenslanders who were harmed by police wrongly or abusively using a Taser, or the relatives of a citizen seeking redress for a death caused by a police Taser incident should not waste their time making a complaint or attempting to have criminal charges laid against Queensland police, former-MP and former-Queensland Police Service sergeant Peter Pyke said today. “Go straight for civil action,“ Pyke said, “Police themselves tell me it is the only remedy they and the Queensland Police Service fear.”

The families of a Queenslander whose death is caused by a Taser, or citizens who were improperly or wrongly Tasered by Police can expect no sympathy or redress from the Bligh Government, QPS Ethical Standards Command, CMC, or even the LNP, Pyke said.

“Suffer Taser-abuse at the hands of an undisciplined member of the Queensland police Service,” Pyke said, “and you can expect that the Police Service will firstly attempt to cover up the incident, if the matter does become public the Ethical Standards Command will pat the officer on the head and use the line about ‘sending them for more training’, and the CMC will turn its usual blind eye.”

Pyke said that is what exactly happened last year when an officer who used the stun gun as a cattle prod on an unarmed teenage girl escaped disciplinary action. “This is a member of the QPS who Tasered an unarmed 16 year-old girl - who weighed all of 50kg - who was at the time being held down by two security officers. This policeman deployed a stun-gun blast to her thigh, for what?”

Pyke said the incident might be regarded as a form of torture and was a clear breach of QPS guidelines banning the use of a Taser on a juvenile unless there is imminent risk of injury.

The 16-year-old girl had defied an order to move on because she was waiting for an ambulance to arrive to treat her sick friend.

Although the incident drew a stern rebuke of police by a Magistrate and police charges against the teenager were dismissed, while the case was before the court the police prosecutor attempted unsuccessfully to have the matter suppressed and the officer’s name is yet to be made public.

The victim is understood to be preparing to take civil action.

The QPS last week confirmed the officer who used the stun gun last year on the unarmed teenage girl had escaped any form of disciplinary action whatsoever.

“This is an ominous warning of what is to come,” Pyke said.

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Article: Pursuit of shock Tactics

Michael McKenna | January 13, 2009
Article from: The Australian
http://www.theaustralian.news.com.au/story/0,25197,24903748-28737,00.html

TWO teenagers out at night. A year apart in age, and living in separate cities, they were hardly angels. Street-wise and loaded with a youthful contempt for authority, each of them crossed police after dark, with dramatically different ends.

Tyler Cassidy, 15, later described by his mum as a "scared little boy", died in a hail of bullets after threatening police with knives at a Melbourne skate park in December.

The other, a slightly built, 16-year-old Brisbane girl, who cannot be named for legal reasons, was held down and tasered by police last April in an inner-city park after she defied an order to move on because she was waiting for an ambulance to treat her sick friend.

Both have since become the focus on each side of a heated debate as Australia's police forces rush to arm their front-line officers with the 50,000-volt electro-muscular disruption devices, popularly known by the market-leading American brand name, Taser.

A civil liberties stoush is erupting across the Western world as law enforcement agencies increasingly turn to stun guns as an alternative to lethal force, while evidence mounts that tasers, in fact, can kill.

A recent Amnesty International report claims the organisation's research revealed more than 300 people had died after being tasered in the US since the weapon was introduced in 2001. Over a similar period in Canada, tasers are said to be responsible for 20 deaths.

The findings have been dismissed by Taser.

However, even when not lethal, the devices have been contentious. The UN last year described them as an instrument of torture.

In Australia tasers have thus far mostly been restricted to the highly trained police tactical response units, but they are now set to become part of the everyday arsenal of general duties police in every state and territory.

Yet their proliferation has largely occurred by stealth, with little public or parliamentary scrutiny.

Last week, Queensland joined Western Australia - which in 2007 issued 1500 tasers to its front-line police - and began issuing the weapon to more general duties officers, more than 5000 of whom are expected to be equipped with one by the end of the year.

Controversially, the decision to extend their use beyond Queensland's tactical response units was made by the Bligh Government last January, halfway through a year-long trial at select city stations.

The results of the truncated trial are a closely guarded secret, but Queensland's Crime and Misconduct Commission, which is assessing the report, is understood to have sent it back to police brass for more work because of a perceived bias towards supporting the widespread rollout.

Despite the NSW Ombudsman recommending a two-year freeze on the rollout of tasers to general duty officers, the state's Police Minister Tony Kelly last month moved down the same path as Queensland, ordering a report on a similar trial to be handed over by the end of this month, nine months before it was due.

And in Victoria, South Australia and Tasmania the pressure is building on governments to extend the use of tasers beyond specialist units.

Victoria Police - after the shooting death of Tyler Cassidy - are committed to making a decision by the end of the year.

The taser uses a high-voltage, low-power charge of electricity to immobilise or inflict pain on people. It can be used in two ways.

In probe mode, it shoots two metal darts on wires at the target, which can be farther than 10m. The darts, which can penetrate clothing 2.5cm thick, deliver a painful 50,000-volt shock that causes involuntary muscular contractions, which incapacitates a person until the charge is turned off.

In drive stun mode, the taser can be used much like a cattle prod: it inflicts acute pain on the body area with which it comes into contact.

Taser International, the Arizona-based company that manufactures the devices, has a simple message in selling its wares: "Protect life".

It argues tasers save lives because police use them instead of guns.

It is a message that has been embraced across the world, including by the Police Association of Victoria in the wake of the Cassidy shooting.

Association spokesman Senior Sergeant Greg Davies says he can't speculate as to what would have happened if police at the scene had been equipped with tasers.

"It is dangerous to second-guess what could have happened," he says. "But those boys should have had the option (of) being equipped with a taser as an alternative."

While Cassidy's death is being investigated by the Victoria coroner, there is little doubt the teenager was a danger to himself and police when he was confronted at the Northcote skate park.

According to reports at the time, police were called to the park after Cassidy was seen acting erratically.

Four officers arrived and tried to negotiate with the teenager, who was brandishing two knives. He was hit with two doses of capsicum spray as he repeatedly approached police.

The boy reportedly urged police to kill him or he would kill them, and again he moved towards police. A warning shot was fired.

But police reportedly ignored his demands to back off. Cassidy was then shot to death by three of the four officers.

Davies says studies across the world show that displaying a taser sometimes suffices to resolve a dangerous situation.

"Late last year, Britain's Home Office, which just authorised the purchase of 10,000 more tasers, released statistics that in 80per cent of cases, just pulling the weapon out of the holster was enough to bring a situation under control," he says. "The mere fact they knew they were going to be tasered was enough to make people comply."

Davies says Victoria Police brass have "dragged their feet" in taking the decision to extend taser use despite two recommendations to do so by the Victorian coroner in the past few years.

In Queensland, state coroner Michael Barnes last year ruled the lives of four young mental health patients shot dead by police in armed sieges could have been saved if officers had been armed with tasers. Police Minister Judy Spence had already ordered the rollout months before Barnes issued his findings and unsuccessfully called for the trial to continue.

But for Queensland Police deputy commissioner Kathy Rynders, the findings are still valid in defending the decision to have 5000 officers equipped with tasers by the end of the year. "The taser minimises the risk of injury to police and the individuals they are dealing with," she says.

"We have been looking at these devices for a long time, since 2003, and clearly this gives us another option to drawing a weapon."

Rynders says when tasers are pulled out of their holster, 41percent of the time the situation is readily resolved.

"We are finding that showing a person that we will use the weapon is enough to defuse the situation and they comply."

During the Queensland trial, the weapon was mostly used in the drive stun mode. It is this capability - where the gun is pressed against a person to inflict localised pain - that has angered many civil liberties lawyers.

Queensland Civil Liberties president Michael Cope says the drive stun mode of tasers should be removed. "Probe mode is used to incapacitate a person from a distance, who may be holding a knife, whereas the other capability basically delivers localised pain from close quarters," he says. "If they police are that close, why do they need a taser? There is no mark left and it is open to misuse."

Cope and other Queensland lawyers cite the case of the 16-year-old girl, whom police tasered in drive stun mode when she defied an order to move on.

The Crime and Misconduct Commission and the police ethical standards unit launched an investigation into the April incident, which drew a strong rebuke from a magistrate in the Brisbane Children's Court.

The unarmed teenager, who weighed 50kg, was being held down by two security officers when a policeman deployed a drive stun blast to her thigh, in an apparent breach of guidelines banning the use of a taser on a juvenile unless there is imminent risk of injury.

Magistrate Pam Dowse slammed the police officer for overreacting to the teenager's refusal to leave her unconscious friend, a girl, before the ambulance arrived.

"It didn't seem to be a crisis requiring such a stern response," she said.

Last week, Queensland Police announced the officers involved in the incident would escape disciplinary action because no formal complaint had been made.

The teenager's family is preparing legal action against the police but has faced obstacles, such as the authorities' refusal to release CCTV footage of the incident. Leading Brisbane lawyer Scott McDougall says the incident is an example of "taser creep", a phenomenon that US and Canadian civil liberties groups claim has led to misuse of the device in those countries.

"There has been found to be a creep in the tendency for tasers to be used in circumstances (for which) they are not intended," he says.

"So, at the moment, under the Queensland Police guidelines, officers are able to justify using a taser against anyone offering anything other than passive resistance. It lends itself to misuse by undisciplined officers."

Queensland lawyers briefed last week by police say the drive stun mode is, in effect, represents an elevation in the force's "pain policy" to garner compliance.

But Rynders dismisses the claim. "It is not elevation, it is just another tool in the use of force model we use," she says. "In training, we emphasise that the use of the drive stun mode is not the first option, that they have to make an assessment of the situation.

"But it doesn't have to be the last option, because sometimes there is not enough time to move through the options."

She says Queensland Police have introduced rigorous accountability measures, including mandatory reporting and an independent review of each incident in which a taser is removed from a holster.

"We are comfortable that we now have the right policies, a multi-layered framework, to enable us to give our officers another option."

McDougall says the drive stun mode runs the risk of escalating an incident, leading to greater physical restraint and then injury or death. "It is these subsequent restraints that are behind so many of the deaths overseas," he says.

Taser's sole distributor in Australia, George Hateley, says reports of deaths blamed on the device are wildly exaggerated.

"If you look closely at the coroner's findings in these cases, you will find that tasers are not found to have contributed to the actual death," he says.

"While a taser was used in the incident, the deaths are drug-related or through the stress on the body through excited delirium."

But Hateley says that in the wrong hands, a taser can be dangerous.

"If police are given a new high-performance car they still have to abide by their internal standard operational procedures, and if they don't, they can kill," he says.

"These devices cannot kill, but they can be misused in the wrong hands."

Tighten police taser controls: lawyers

Tighten police taser controls: lawyers
Michael McKenna | January 08, 2009
Article from: The Australian
http://www.theaustralian.news.com.au/story/0,25197,24885936-5006786,00.html

CIVIL liberties lawyers have called for tighter controls on the roll-out of tasers to frontline Queensland police as it was confirmed an officer who used the stun gun last year on an unarmed teenage girl had escaped disciplinary action.

Queensland's police force this week became Australia's first to issue tasers to general duties' officers as debate rages around the world over the use of the stun guns, blamed for more than 50 deaths in the US since 2001 and at least one fatality in Australia, in NSW in 2002.

On Tuesday, civil liberties lawyers were briefed about Queensland police guidelines and training for more than 5000 officers, who last year were fast-tracked access to tasers by the Bligh Government, barely six months into a year-long trial.

Lawyers said the guidelines were not tough enough in dictating the use of the guns.

Caxton Legal Centre director Scott McDougall said police did not appear to have learned from the use of a taser on a 16-year-old girl, who had defied an order to move on because she was waiting for an ambulance to treat a sick friend.

"Police are able to justify using a taser against anyone offering anything other than passive resistance," Mr McDougall said.

"It lends itself to misuse by undisciplined officers."

The unarmed teenager, who weighed 50kg, was being held down by two security officers when the policeman deployed a "drive stun" blast to her thigh, in an apparent breach of guidelines banning the use of a taser on a juvenile unless there is imminent risk of injury. The incident drew a strong rebuke by a magistrate and the teenager is preparing civil action.

Queensland police yesterday confirmed the officer would not face disciplinary action, but had undergone retraining in the use of the tasers.

Queensland Civil Liberties president Michael Cope said the "drive stun" mode of the taser should be removed. The majority of taser deployments during the trial were in "drive stun" mode, which causes localised pain.

Teen death prompts calls for taser roll out

Teen death prompts calls for taser roll out
Australian Broadcasting Corporation
ABC Television 7.30 Report
Broadcast: 07/01/2009
Reporter: Tracee Hutchison
http://www.abc.net.au/7.30/content/2008/s2460988.htm

The fatal shooting by Victorian Police of 15-year-old Tyler Cassidy just before Christmas has prompted the Victorian Police Association to call for a total roll out of tasers as an alternative to firearms.

Transcript
SCOTT BEVAN, PRESENTER: The fatal shooting by Victorian Police of 15-year-old Tyler Cassidy just before Christmas has reignited the debate over the use of taser stun-guns.

The Tyler Cassidy case is now the subject of a coronial inquiry but the Victorian Police Association is calling for a total roll-out of tasers to fall in line with other States.

But a recent Amnesty International report says the misuse and overuse of tasers in United States has been linked to over 300 deaths since 2001.

Civil libertarians are urging a cautionary approach in Australia. Tracee Hutchison reports.

SNR. SGT GREG DAVIES, VICTORIA POLICE ASSOCIATION: He was irrational, he was yelling and screaming and armed with two knives at that stage.

YOUNG BOY 1: He was a good bloke and he didn't deserve what happened.

YOUNG BOY 2: It's not fair.

YOUNG BOY 3: I am sure there were many scenarios they could have thought up before doing that.

KIERAN WALSHE, DEPUTY COMMISSIONER VICTORIA POLICE: We don't go about intentionally killing anybody. You know, our job is the protection of life and property and that's what we do.

But unfortunately from time to time we have situations where our members are placed in a position where the last resort is the only resort they have.

GREG DAVIES: Nobody goes to work wanting to shoot someone, of that you can be assured.

And any police officer who has been involved in a shooting operation is never exactly the same person ever again. Those events stay with them for the rest of their lives.

TRACEE HUTCHISON, REPORTER: It's a story that's become uncomfortably familiar - police involved in a fatal shooting.

This time a 15-year-old boy armed with a couple of knives and the Police Union calling for an alternative to bullets.

GREG DAVIES: Our members are telling us that there is a great void in between either a baton or a pepper spray and then stepping straight up to the potential use of a firearm.

So our members are saying there needs to be an alternative - another option - somewhere between OC pepper stray and a firearm.

TRACEE HUTCHISON: When teenager Tyler Cassidy was shot dead by Victorian Police just before Christmas, the question was why?

Why did the officers have no other option and why was Victoria lagging behind other States in the issue of tasers?

GREG DAVIES: The question as to why the Victoria Police force command haven't issued tasers across the board is quite a vexing one.

There hasn't been any particular reason given by the chief commissioner as to why they won't be immediately issued across the board.

KIERAN WALSHE: We had a consideration for an expanded use of tasers in Victoria Police in early 2008.

We weren't satisfied that we had sufficient information to hand at that point in time which would enable us to make a balanced and well judged decision in the best interest, not only of our members, but also of the community.

TRACEE HUTCHISON: Twelve months on, Victorian Police are once again under pressure to follow the national trend to issue tasers to all operational officers.

GREG DAVIES: In Victoria at the moment, tasers are restricted to the Special Operations Group and Critical Incident Response Teams.

Unless it's a planned operation where one or the other of those groups are predetermined to attend, the issues arise very quickly and there usually isn't the time to call out someone from one of those teams.

POLICE OFFICER: Taser, taser.

TRACEE HUTCHISON: In 2007, Western Australia became the first State to make tasers, or stun-guns, available to all operational police. There have been no fatal shootings by West Australian police since.

INSPECTOR STEVE BRADLEY, WESTERN AUSTRALIAN POLICE: The West Australian experience is that the taser does save lives. Officers have the opportunity to use a further force option which is less than lethal to prevent injury to the assailant, to the police officer or any other person.

TRACEE HUTCHISON: The apparent success of tasers in the west has highlighted delays with the roll-out in other States.

In NSW, two fatal shootings by police late last year involving officers still waiting to be issued with tasers sparked calls from the NSW Police Association to deploy tasers to all operational police as a matter of urgency.

But not everyone believes tasers are the panacea they're being described as.

TERRY O'GORMAN, AUSTRALIA COUNCIL FOR CIVIL LIBERTIES: In Queensland alone there was one well televised incident where a 50-year-old woman who was engaged in some form of political protest; who was standing on a raised platform, not engaged in any sort of violent behaviour, was simply tasered down from the platform because that was the easiest way for the police to do it.

So our concern is about overuse.

(Sound of man shouting from being tasered)

TRACEE HUTCHISON: Echoing civil liberty concerns in Australia is a recent report from Amnesty International on the misuse and overuse of tasers in the United States where tasers have been linked to over 300 deaths since 2001.

KATIE WOOD, AMNESTY INTERNATIONAL: Tasers are not the non-lethal alternative that they're hailed out to be.

We have evidence where people have died in connection with taser use.

(Sound of man shouting and being tasered)

The other problem with tasers as they're open to abuse. Poorly trained officers have been known to use them, not in the way that they are required to be used.

They're tasering people on several occasions or the shocks are lasting for more than the standard five seconds.

TRACEE HUTCHISON: It's precisely the reason Victorian Police cite for delaying their decision.

KIERAN WALSHE: There's a lot of issues that have come out of the reports around training, issues around human rights and issues around accountability, recording of activities, etc.

Now, we need to take all of that into consideration in our overall assessment and review about where we are in Victoria Police relative to the use of tasers.

GREG DAVIES: A lot of the reports in relation to tasers have been wildly exaggerated and I think if we set the statistics aside and just deal in facts we will find that there are, according to some sources, no recorded deaths directly attributed to tasers anywhere in the world.

TRACEE HUTCHISON: While Victorian Police Command and the Police Association remain at odds over the taser issue, it is surely cold comfort for the families left grieving.

When will Victoria Police make a decision about mandatory issue of tasers?

KIERAN WALSHE: We will make a decision this year as to what we're going to do. You know, we've got documentation now that we didn't have before.

We've got advice on roll-outs in other States that we didn't have before. So we're better informed now to go forward and have a further evaluation and assessment and make a decision.

GREG DAVIES: I don't know how much evaluation something as important as this needs, when it clearly has a long standing record nationally and internationally that's readily available for them.

(Sound of taser gun)

SCOTT BEVAN: Tracee Hutchison with that report. Search the 7.30 Report
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CMC issues paper on taser research

CMC
11.2008
"Tasers: a brief overview of the research literature (Research & Issues Paper No. 8)

This paper provides a summary of Australian and international research about the use of Tasers by operational police."
http://www.cmc.qld.gov.au/data/portal/00000005/content/07918001228435001...

Shot in the Back for fork

Too much expected of young police
Dylan Welch Police Reporter
Sydney Morning Herald
January 3, 2009
http://www.smh.com.au/news/national/too-much-expected-of-young-police/20...

CONCERNS have been raised that young and inexperienced police are being forced to make life-and-death decisions without adequate training and have less support than they did a decade ago as senior officers desert the force.

Questions have been asked after Parramatta mother-of-two Susan Bandera, 48, was shot twice by a constable while allegedly brandishing a 10-centimetre cocktail fork.

"Police are being required to do a lot more now, at a younger level, with less training," said the director of the University of Sydney's Institute of Criminology, Professor Mark Findlay.

"If you look at [the Goulburn Police Academy] 10 or 15 years ago there was more time, more diversity and more depth in the way training was carried out."

Yesterday police cleared the officer, a 35-year-old female constable with two years' experience, of any wrongdoing.

But Ms Bandera said she intends to sue the police force.

She claims she had dropped her fork and had her hands behind her head when she was shot. She remains in a stable condition, with a bullet lodged in her spine after it passed through her liver. Another bullet passed through her chest.

Late yesterday her lawyer, former police officer Ben Archbold, sent a letter to the acting Deputy Commissioner for Operations, Dennis Clifford, alleging that the investigation into the shooting was a "cover-up".

"It beggars belief that the training of NSW police officers has reached a point where the appropriate action to be taken by half-a-dozen police officers when confronted by a small middle-aged woman holding a cocktail fork is to shoot her twice, including once in the back," the letter read.

Both the State Opposition and the NSW Police Association have been campaigning for extra police, saying the present crop of about 7000 general duties police - uniformed officers who patrol and respond to emergencies - was not nearly enough.

The NSW Police Force provided figures in 2006 which showed 36 per cent of police had less than five years' experience - far higher than Victoria with 15 per cent and Britain with 20 per cent.

The NSW figure jumped 13 percentage points in eight years, police annual reports showed. Yesterday police were unable to provide newer data to show if the figure had changed, but the Opposition police spokesman, Mike Gallacher, said it would have almost certainly risen. "What that means … is you end up with police who are far less experienced making split-second decisions that … are ones of life or death."

Acting Deputy Commissioner Clifford acknowledged that the police workforce was young, but said that was in line with many other industries.

The police association said the shooting could have been more safely dealt with if all general duties police had access to stun guns.

Shot twice, nobody charged

Shot twice, nobody charged
Leesha McKenny
Sydney Morning Herald
March 1, 2009
http://www.smh.com.au/national/shot-twice-nobody-charged-20090228-8ky0.html

Susan Bendera recovering at her north Parramatta home after being shot twice by police in a case of mistaken identity. Photo: Adam Hollingworth

A WOMAN shot by police has accused investigators of a cover-up after the junior officer involved was cleared without a written report.

Susan Bandera, 48, was critically injured when she was shot twice by police responding to a dispute at a North Parramatta unit block on December 21. She is alleged to have lunged at officers with what was initially thought to be a knife but later found to be a fork.

At the time, NSW Police Deputy Commissioner for Operations Denis Clifford said he was satisfied by an initial report from the critical incident team, which said the policewoman "acted appropriately" when she fired her weapon at Ms Bandera.

"It is important to note that this interim report centred only on the actions of the police officer in the discharge of her firearm," Mr Clifford said on January 2. "The exact circumstances of the earlier confrontation are still being investigated and will be the subject of a further report."

But, after a freedom of information request to NSW Police, The Sun-Herald has learnt "neither an interim report document nor a final report document" exist. Instead, the junior officer was cleared based on two "verbal briefings" between Mr Clifford and the investigation manager from Gladesville Police in the days following the shooting.

Ms Bandera, who is waiting for her shattered spine to heal around the bullet fragments, which doctors deemed too dangerous to remove, said the police were "a law unto themselves".

"It's changed my life," she said. "I want [the officer] to be charged just like everybody else and I don't think she should work for the police force any more. My kids nearly ended up with no mother."

Ms Bandera said she had not been contacted by police since early January and her legal team had trouble obtaining documents.

"I want the truth to come out, which is that I was being attacked and police shot me," she said.

Sonni Michael Angelo, 23, who was arguing with Ms Bandera before police arrived - but denies attacking her - said there was no need for the officer to shoot Ms Bandera after the pair were sprayed with capsicum spray.

A police spokesperson said it was common to use "a number of methods, including verbal" to deliver the findings of an interim investigation.

No one has yet been charged over the incident. Police said there would be a final report when the investigation was complete.

Amnesty report damns stun weapons

Amnesty report damns stun weapons
Dylan Welch Police Reporter
December 30, 2008
Sydney Morning Herald
http://www.smh.com.au/news/national/amnesty-report-damns-stun-weapons/20...

THE newest weapon in the NSW Police Force's arsenal has been identified in a new report by Amnesty International as contributing to the deaths of at least 50 people across the US in the past seven years.

The new data comes after the controversial Taser weapons have been fired 18 times in the first three months of a year-long trial of the weapons in NSW and only a month after the NSW Ombudsman issued a scathing report into their use.

The Ombudsman's report called for a two-year moratorium on issuing any more of the weapons pending an independent review of their safety.

But last week the Police Minister, Tony Kelly, said he would be asking for a report on the recent roll-out by the end of January, nine months ahead of schedule.

That could lead to a further roll-out of the weapons quicker than was previously expected, a move strongly supported by the NSW Police Association, which wants a Taser in every first-response vehicle in the state.

But the report by Amnesty International, published earlier this month and entitled Less than lethal? The use of stun weapons in US law enforcement, suggests NSW police should be cautious in their use of the weapon. "Amnesty International believes that Tasers and similar conducted energy weapons are inherently open to abuse," the authors state in their introduction.

The report identified 50 cases in the United States since 2001 in which medical examiners had reported a link between stun gun use and death.

The report's authors also suggest the weapons may have been used in a manner that may contravene international standards. "In many instances, police actions appear to have violated the international prohibition against torture or other ill-treatment," they write.

The report described the shocking of an 11-year-old Florida schoolgirl with a learning disability in March.

The girl had become disturbed and was pushing furniture and spitting at staff and had punched a police officer before a weapon was used to stun her.

In another case a doctor who crashed his car during an epileptic seizure died after being repeatedly stunned when he failed to comply with an officer's commands.

Tasers have been discharged by NSW police officers 18 times since they were rolled-out to all local commands on October 2, according to evidence gathered by the Herald. Police yesterday refused to release statistics on use, citing lack of data.

Yet access to data was not a problem on two other occasions since the roll-out when police wanted to show the weapons' effectiveness.

Two weeks after they announced the roll-out, police released a triumphal media announcement, stating officers had drawn the weapons from holsters 21 times and they were an "extremely effective deterrent".

Five uses had involved the discharge of the weapon, four times in "drive-stun mode" - where the user pushes the front of the weapon into a person instead of firing the two charged probes from a distance - and one was a firing from a distance.

In November, in response to the critical Ombudsman's report, the figures were updated to seven drive-stuns and six firings. Since then there have been a further five uses.

Article:London police wary of Tasers

Richard Ford | November 26, 2008
Article from: The Australian
http://www.theaustralian.news.com.au/story/0,25197,24706897-26040,00.html

THE authority overseeing Britain's largest police force has warned that a government decision to allow Taser stun guns to be used by non-specialist firearms officers threatens to cause fear among the public.

The announcement by British Home Secretary Jacqui Smith that 10,000 of the weapons are to be supplied to 43 forces in England and Wales suffered an immediate blow yesterday when the Metropolitan Police Authority said it had no intention of sanctioning their wider deployment in London.

The move by the authority, which oversees the Metropolitan Police, came as Amnesty International warned of the danger that officers would start using Tasers on a routine basis.

After trials in which frontline officers in 10 forces have used the Taser gun, Ms Smith said that pound stg. 8million ($18.8 million) was to be spent supplying 10,000 weapons to all forces.

At present, only specialist firearms officers carry the guns, but this will now be extended to an estimated 30,000 frontline officers who have been trained to use the weapon.

Tasers, which are manufactured in the US, can deliver powerful electric shocks up to 10m away, leaving targets incapacitated and easier to arrest.

Officers shoot two barbed darts trailing wires from a special gun, which then deliver an electric shot of about 50,000 volts.

A spokesman for the Metropolitan Police Authority said it would not take up the offer of funding immediately because of the potential for wider use of Tasers to cause fear and damage public confidence in the police.

The current arrangements in the Met are that only trained and supervised specialist officers are permitted to deploy Tasers, introduced after an extensive consultation program with London communities.

Ms Smith said the police needed tools to protect themselves and the public, but critics warned of the danger that officers would use Tasers on a routine basis.

"I am proud that we have one of the few police services around the world that do not regularly carry firearms and I want to keep it that way," she said. "But every day the police put themselves in danger to protect us, the public.

"They deserve our support, so I want to give the police the tools they tell me they need to confront dangerous people."

Amnesty International UK arms program director Oliver Sprague said the use of the Taser guns should be restricted to "highly trained specialist officers, responding to genuinely life-threatening or very dangerous situations".

The Home Office trial with 10 forces found that the threat of being Tasered was often enough to resolve a violent situation.

The Times

Queensland teenager recalls pain inflicted by police Taser

Article: Queensland teenager recalls pain inflicted by police Taser
Michael McKenna | November 21, 2008
Article from: The Australian
http://www.theaustralian.news.com.au/story/0,25197,24683682-5006786,00.html

THE shock of 50,000 volts hit her 50kg frame without warning.

Struggling under the weight of a policeman and two burly security guards, the Taser's "drive stun" blast on the 16-year-old's thigh felt like a knife was being driven up and into her stomach.

"It was so painful; it was excruciating and horrible and painful," the now 17-year-old, who cannot be named, told The Australian.

"It stopped my whole body from moving. I didn't expect it. I didn't know what a Taser was and then there was 'zap'. I was screaming and crying and I can sort of remember this police officer telling me that he had used a Taser."

The girl was hardly an innocent. The stream of profanities and threats that had poured out of her mouth at the two Queensland police officers minutes before had raised the heat of what should have been a routine confrontation with a pack of unruly teenagers.

All that changed when one of the officers -- armed on the first night of an extended trial of the Tasers to general-duties police -- appeared to breach operating guidelines that ban the weapon being used on a juvenile "except in circumstances where there is no other reasonable option to avoid the imminent risk of injury".

The April incident, which was captured on closed-circuit television, is the subject of an investigation by the police ethical standards unit and the state's anti-corruption watchdog, the Crime and Misconduct Commission.

The girl's mother told The Australian yesterday she would sue the police after charges of obstructing the officers were dropped against her daughter in the Children's Court last Friday.

"She was no threat to those police," the mother said. "What they did to my daughter was disgusting. I was horrified when I saw the tape."

Queensland police have so far refused to release the CCTV footage to the girl's family and last week police prosecutors unsuccessfully opposed The Australian's covering the case in the Children's Court.

The incident has given weight to criticisms by lawyers and civil libertarians about the Bligh Government's announcement in January that it was going to arm more than 5000 frontline officers with Tasers, despite being barely six months into the trial.

It also follows NSW Ombudsman Bruce Barbour this week calling for a two-year freeze on further rollouts of Taser guns, saying police standards for their use were inadequate and the health risks unknown.

In Queensland, the CMC, which is helping to draft the final guidelines for the Taser rollout, last week wrote a letter accusing police of delivering a biased evaluation of the trial, which formally ended in June.

Speaking for the first time, the teenager said yesterday she was still stunned by how a Friday night out with friends had ended in court and a controversy that had attracted coverage around the world.

The trouble began, according to the girl, when a French tourist talking to the group tried to grope a friend and a fight broke out.

Security guards stopped the fight and then called an ambulance because one of her friends became dizzy.

Police arrived and ordered the group to leave, saying only one of the teenagers could remain to accompany her to hospital. They refused.

The CCTV footage shows a relatively calm standoff between the group and the two police officers and three security guards. After about 10 minutes, the male officer is seen reaching out towards the girl, who was sitting on the wall of a garden bed.

The policeman told the Children's Court the teenager had screamed "I'm gonna kill the bitch" to his female colleague, a claim denied by the girl.

"I had been yelling and swearing, but I didn't say that," she said.

"We just didn't want to leave because we wanted to make sure my friend got into the ambulance and got to the hospital. When he reached at me, I pushed his hand away and then I pushed down on the garden bed."

The footage shows another teenager lashing out at the male officer, and the 16-year-old girl kicking out as she lay in the garden bed, knocking the Taser off the policeman's belt.

The policeman then drove his forearm into the girl's neck to push her down on the garden bed. She sat back up and he pushed her down again.

"Then everybody started jumping on me: the policeman and the security guard and another guard who held my legs," the teenager said. "Then I felt the electric shock."

In the hearing, the police officer -- who said he believed at the time that the girl was between 16 and 20 -- conceded he might have breached guidelines.

"In hindsight, I can say yes, but at the time I didn't know she was a juvenile," he said.

A Democary Issue

This is the problem, people in many countries just don't like the law enforcement, why - first the feeling of being monitored which I believe is an irrational negative feeling, but I can be wrong, in some countries the police force is just not so much of public servants. A democracy needs a law enforcement that can protect the people, especially weaker groups, otherwise it will be a society where most physical power will rule. Second if we have an appointed special group like this, it's very important that this group don't abuse their power. Many people have the feeling of that and it will badly damage a democracy if the people don't trust and like the law upholders, it's according to me a national security matter that the police act as correct as possible and not cover up their mistakes when it happens.
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From Ed: The following link was hidden http://www.safeguardhomesecurity.com in the above comment , handle with care no responsability taken . People have been spamming my site with hidden links to commercial advertising .

I dont know who the above person is.

The Australian:Ombudsman calls for freeze on Tasers

Article : NSW Ombudsman calls for freeze on Taser guns
Belinda Merhab | November 20, 2008
Article from: The Australian
http://www.theaustralian.news.com.au/story/0,25197,24678451-5006784,00.html

THE NSW Ombudsman has recommended a two-year freeze on further roll-outs of Taser guns, saying police standards for their use are inadequate, and the health risks are unknown.

Bruce Barbour told state parliament yesterday that general-duties police, who were issued the stun guns last month, were using Tasers at a higher rate than special operations police, who began using them in 2002.

"It is clear the number of incidents where Tasers will be used in the future will increase significantly," Mr Barbour said.

"There is already evidence of this. Tasers have been used on people on five occasions in the first two weeks of general-duties use. This compares with only 48 incidents over a five-year period" by special unit officers.

The Ombudsman's investigation found officers from special units had predominantly used Tasers from a distance, but in the first two weeks of use by general-duties officers, in four out of the five incidents the Tasers were used in drive-stun mode, where the gun is applied directly to skin or clothing.

The use of Tasers, which stun a victim by emitting a 50,000-volt electric shock, have been linked to heart complications and death.

Queensland police last week Tasered a 16-year-old girl who had ignored police instructions to move on, because she was waiting with a sick friend for an ambulance to arrive.

In another case, a 56-year-old NSW man who had threatened police with a frying pan died 12days after receiving three Taser shocks.

According to his death certificate, the man, who had heart disease, hepatitis C and schizophrenia, died of a heart attack.

Mr Barbour was unable to say whether the Taser played a role in the man's death.

NSW Police Commissioner Andrew Scipione said he was only made aware of the man's death through the Ombudsman's report on the case.

Mr Scipione said there was a training manual for the use of Tasers, and officers had to get an 80 per cent pass rate in a written exam before they were accredited to use the weapon.

Mr Scipione said Tasers had been drawn, but not necessarily used, 70 times since last month's roll-out of the weapons. He said there had not been related injuries to police or citizens.

Every Taser use was recorded by an inbuilt camera and was then downloaded and reviewed by Deputy Police Commissioner Dave Owens, he said.

But Mr Barbour said general-duties police were inadequately trained and informed on Tasers and the associated dangers.

"They do not give adequate guidance about situations where they shouldn't be used," the Ombudsman said. "It must be remembered that Tasers are not a non-lethal weapon, they are just a less lethal weapon."

Mr Barbour recommended a two-year review into Taser use, and said the standards that deemed Tasers safe applied only to healthy people.

(SBS) NSW Ombudsman 'concerned' over taser use

SBS World News Australia Story
Ombudsman 'concerned' over taser use
Wednesday, 19 November, 2008
http://news.sbs.com.au/worldnewsaustralia/ombudsman_39concerned39_over_t...

The NSW Ombudsman has called for tighter regulation of Taser use by police after $1 million worth of the stun guns were delivered to senior officers at 80 Local Area Commands last month.

NSW Police Commissioner Andrew Scipione said the Tasers had been deployed to defuse potentially life-threatening situations.

But in a report tabled in Parliament today, Ombudsman Bruce Barbour expressed concerns they might be used in more commonplace situations.

"Police need to be extremely careful using Tasers," he said.

"They are not a non-lethal weapon - they are just a less lethal weapon."

Mr Barbour called for a two-year stoppage on any further rollout of Tasers to police, pending a further independent review.

"Current police standard operating procedures relating to Taser use are inadequate," he said in a statement.

"There are known risks with using Tasers, and police must receive clear, comprehensive and consistent guidance to ensure safe and effective use of this weapon."

The Ombudsman's report maintained there was conflicting medical and scientific opinions as to whether Tasers could cause irregular heart rhythm, including ventricular fibrillation, a
life-threatening condition.

"While it may be relatively safe to use a Taser on a healthy adult, the jury is still out on their use on a range of other people who police typically encounter in serious situations," Mr Barbour said.

He found people subjected to Taser use were typically male, Caucasian, under 40, and with mental health problems.

The vast majority were armed or thought to be armed with one or more weapons.

Over half were intoxicated at the time Tasers were used on them.

One person had died of a heart attack twelve days after police used a Taser to subdue him, the Ombudsman said in his report.

He acknowledged the man had had a number of health problems, including heart disease, so it was not clear if the Taser had caused his death.

The Ombudsman made 29 recommendations to improve safety, effectiveness and accountability of Taser use.
Source: AAP

The Australian /CMC hits police report on taser trial

CMC hits police report on taser trial
Michael McKenna | November 17, 2008

Article from: The Australian
http://www.theaustralian.news.com.au/story/0,25197,24660334-5006786,00.html

A SECRET Queensland Police report on a year-long trial of tasers has been rejected by the Crime and Misconduct Commission as a whitewash designed to ensure minimum controls on the approved full-scale arming of more than 5000 frontline officers early next year.

The corruption watchdog - helping to draft guidelines for the use of the 50,000-volt stun guns - wrote a letter last week accusing police of delivering a biased evaluation on the controversial trial, which ended in June.

A spokeswoman for the Queensland Police Service said last night consideration was now being given to the CMC criticisms, but that the force's evaluation report of the trial was still in its draft stages.

The Bligh Government has been widely criticised after earlier this year announcing the widespread arming of police with tasers without waiting for the completion or findings of the secretive trial.

Across Australia, the weapons - which Amnesty International claims have killed 300 people in the US alone - are being introduced without parliamentary scrutiny and with little public debate.

The stoush between the two Queensland law-enforcement bodies comes amid a CMC investigation into police officers who in April held down and tasered a 16-year-old girl who had defied a move-on order because she was waiting for an ambulance to treat her sick friend.

The girl, who cannot be named, had a charge of obstructing police dismissed after the Children's Court last Friday ruled one of the two officers involved did not give adequate directions, under police move-on powers, before he and two private security guards held down the slightly built teenager, shot her in the thigh with the taser and then arrested her, initially on a charge of assaulting police.

The incident occurred on April 11, the first night of an extension of the police taser trial to general duty officers.

Closed circuit television footage of the incident, seen by The Australian, shows an apparent breach of the guidelines in tasering the slightly built juvenile - who was sitting down in a garden bed the time - where there was no risk of injury to police.

The incident involving the girl was one of the only "taser deployments" not publicly revealed during the trial by police.

One of the officers involved in the incident told the Brisbane Children's Court last week he had not been trained in using the weapon at close quarters or within a group situation.

The officer, who cannot be named, told the court that a safety bolt, needed to ensure the taser remained fastened to his belt, was not available when he armed himself with the weapon for his patrol that night.

The taser and its holster was kicked off during the skirmish with one of the 16-year-old's friends and fell to the ground among a group of teenagers he had ordered to move on.

The two officers now face disciplinary action.

The police ethical standards unit is investigating the incident and is considering the findings of the Children's Court.

"This review process identified issues with the deployment, and steps were taken to address these issues by providing additional training to the officers involved, and to review procedures to ensure such issues were addressed," the police said in a statement.

Police in every state and territory are using the devices - deemed by the UN to be instruments of torture - although Victoria, Tasmania, South Australia and the ACT restrict them to specialist squads.

Article from the Australian :Police feel heat after girl tasered

Michael McKenna | November 15, 2008
Article from: The Australian
http://www.theaustralian.news.com.au/story/0,25197,24654141-5006786,00.html

QUEENSLAND police face disciplinary action after they held down and tasered a 16-year-old girl who had defied an order to move on because she was waiting for an ambulance to treat her sick friend.

The Crime and Misconduct Commission and police ethical standards unit are investigating the April incident - during a year-long trial of tasers - which has drawn a strong rebuke from a magistrate of the Brisbane Children's Court.

The girl, who cannot be named, had a charge of obstructing police dismissed after the Children's Court yesterday ruled one of the two officers involved did not give adequate directions, under police move-on powers, before he and two private security guards held the slightly built teenager down, shot her in the thigh with the taser and then arrested her, initially on a charge of assaulting police.

Magistrate Pam Dowse also criticised the police officers for over-reacting to the teenager's refusal to leave her unconscious friend, a girl, before the ambulance arrived. The teenagers were alleged to have been involved in an earlier altercation with another group of tourists.

Ms Dowse said it was not unreasonable for police to have allowed the group of about six to remain until the ambulance arrived, given that the number of adults present appeared to have the situation under control. "It didn't seem to be a crisis requiring such a stern response," she said.

The Weekend Australian was initially refused access to the court proceedings, following an objection by police prosecutors.

Access was later granted after undertakings were given not to identify the defendant, any of the police involved or the location of the incident.

The Bligh Government has been widely criticised after this year announcing the full-scale arming of more than 5000 frontline police with the 50,000-volt tasers - barely six months into the year-long trial.

According to police guidelines, a taser should not be used on juveniles "except in circumstances where there is no other reasonable option to avoid the imminent risk of injury".

In the hearing yesterday, the police officer - who said he believed at the time that the girl was between 16 and 20 - conceded he may have breached guidelines.

"In hindsight, I can say yes, but at the time I didn't know she was a juvenile," he said.

A CMC spokeswoman last month said it had concerns the use of the taser had been "inappropriate and excessive".

"We have have made some preliminary inquiries into the matter," she said.

"We will await the outcome of the court proceedings before deciding whether further action is warranted."

Recent SBS News story on Taser use

SBS Television story with links to draft guidelines "Concern over taser usage" Thursday 16/10/08 , Stefan Armbruster http://news.sbs.com.au/worldnewsaustralia/concern_over_taser_usage__560054

Recent Article

Feature Article "Shock to the system" Natasha Bita Author, 12 August 2008, The Australian online
http://www.theaustralian.news.com.au/story/0,25197,24164647-28737,00.html

cynicalrandomness