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Tasered Brighton thief loses case against Sussex Police | Tasered Brighton thief loses case against Sussex Police |
(about 1 hour later) | |
Police who used a stun gun to arrest a shoplifter has been cleared of deploying excessive force. | Police who used a stun gun to arrest a shoplifter has been cleared of deploying excessive force. |
Paul McClelland, 42, who later admitted theft, assault and obstructing a police officer, sued Sussex Police Chief Constable Giles York over the arrest. | Paul McClelland, 42, who later admitted theft, assault and obstructing a police officer, sued Sussex Police Chief Constable Giles York over the arrest. |
He argued police used the Taser unreasonably when he was surrendering and moving backwards to be handcuffed. | He argued police used the Taser unreasonably when he was surrendering and moving backwards to be handcuffed. |
However, Judge Jonathan Simpkiss ruled the officers "honestly and reasonably believed" the Taser was necessary. | However, Judge Jonathan Simpkiss ruled the officers "honestly and reasonably believed" the Taser was necessary. |
In a written judgment at Brighton County Court, the judge said McClelland had not been seriously injured as a result of the officers' actions, in a Brighton car park in July 2013. | In a written judgment at Brighton County Court, the judge said McClelland had not been seriously injured as a result of the officers' actions, in a Brighton car park in July 2013. |
He also said there was no medical evidence to suggest the claimant had suffered psychological trauma as a result of video of the arrest being watched widely. | He also said there was no medical evidence to suggest the claimant had suffered psychological trauma as a result of video of the arrest being watched widely. |
Mr McClelland was arrested on 5 July 2013 in a private car park in Cavendish Place, on suspicion of shoplifting. | |
Footage from one of the arresting officers' body-worn camera, released after a court order was obtained by BBC South East, showed him shirtless, being arrested by two police officers. | |
A high-voltage Taser is fired at him and as he falls, one of the officers appears to kick him. | |
McClelland's solicitor, Sophie Khan, argued in court that the officers' actions were excessive because he was surrendering. | |
But Sussex Police said he was drunk and aggressive and that officers believed they and the public were in danger. | |
'Rigorous scrutiny' | |
In his judgment Judge Simpkiss said: "I… conclude that the officers honestly and reasonably believed that it was necessary to apply a Taser to the claimant and to bring him to the floor with a leg strike. | |
"I also conclude that it was objectively reasonable in the circumstances for them to do so." | |
Deputy Chief Constable Bernie O'Reilly said in a statement after the conclusion of the civil case: "I welcome the judgment in this case after rigorous scrutiny of our police officers' actions in using Taser. | |
"We expect a lot from our officers and it is important that we train and equip them to deal with dangerous situations." | |
But Ms Khan said the judgment went "against the body of the evidence that was heard during the trial" and said McClelland was considering lodging an appeal. |
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