Verdict near in Spratt tasering case

A decision will be handed down tomorrow in the case of two policemen accused of the tasering assault of Kevin Spratt. Picture: File image Source: News Limited

A MAGISTRATE will tomorrow hand down his decision in the case of two policemen charged with assaulting an Aboriginal man by repeatedly tasering him in a lock-up.

Aaron Grant Strahan and Troy Gregory Tomlin have been on trial in Perth Magistrates Court, jointly accused of common assault over the tasering of Kevin Spratt in the East Perth watch house in September 2008.

CCTV footage showed the senior constables tasering Mr Spratt nine times in just over a minute after he refused to be strip-searched.

In her closing address on Monday, defence lawyer Karen Vernon said Mr Spratt had became uncontrollable.

Ms Vernon said he told the accused and two other policemen to "f*** off" and gripped onto the arm of a bench, refusing to let go. After they prised his fingers off the bench, there was a scuffle and Mr Spratt was tasered several times, including while on the floor as officers restrained his arms and legs.

Ms Vernon said the policemen used justifiable force as Mr Spratt was extremely difficult to restrain.

"It was not easy to get hold of Mr Spratt," she said.

"He resisted all of their attempts to restrain him." She also said that on one occasion, Mr Spratt had tried to remove Tomlin's taser from its holster before Strahan fired his device at the prisoner.

But state prosecutor James MacTaggart said Mr Spratt wasn't posing a threat to anyone.

"To the extent that it's suggested that the application (of the taser) was self-defence ... we say that was not a reasonable response in the circumstances," Mr MacTaggart said.

"On the floor he didn't constitute a threat.

"With so many officers around ... there was simply no need to exercise the Taser again." Magistrate Richard Bromfield will hand down his verdict tomorrow afternoon.

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