Police Officer Convicted Of Taser Assault
24 April 2019, 15:29
A British Transport Police officer has been found guilty of assaulting a man who had Taser used on him during an incident at Derby Railway Station.
Police Constable Andrew Spiby of the British Transport Police denied common assault following an incident in Derby last year.
Another BTP officer was cleared of the same charge at Birmingham Magistrates Court.PCs Andrew Spiby and John Severns had both denied common assault.
PC Severns was found not guilty and PC Spiby was convicted following a two-day trial which ended on 12 April.
The conviction follows an investigation by the police watchdog the Independent Office of Police Conduct.
Two men were arrested at the scene and PC Spiby used a Taser on one of the men, who also had incapacitant spray used on him twice by co-defendant PC Severns.
The IOPC said the case had been referred to them after the man involved complained about the level of force used on him, and the effect of the incident on other members of his family who were present at the scene.
The watchdog completed their investigation in October and sent a file to the Crown Prosecution Service, which authorised charges in January.
A report from our investigation found a case to answer for gross misconduct against PC Spiby and for misconduct against PC Severns.
IOPC Regional Director Derrick Campbell said: “This was a serious incident which was witnessed by onlookers, including several young people. Police are entitled to use force but only if it is necessary, reasonable and proportionate in the circumstances.
“The public have to have confidence that officers will conduct themselves appropriately and in this case the court took the view that PC Spiby did not do so.”
PC Spiby will be sentenced at Birmingham Magistrates Court on June 10.
In London 5700 Met officers are trained to carry Taser.
In the twelve months to October 2018, Officers drew Taser from their holsters on around 5000 occasions but only actually fired in around 8% of those cases.