ACT Police Criticised by Magistrate for Tasering Disabled Woman

A magistrate has described the conduct of ACT police as exceedingly heavy-handed following the arrest of an Aboriginal woman with an intellectual disability. The incident, which occurred at a Canberra bus stop in January, was captured on body-worn camera footage that was later reviewed in court.

Understanding the exceedingly heavy-handed police conduct

The woman, identified as Emma to protect her privacy, was approached by seven officers after reports suggested she was carrying a knife. Footage presented to the court shows Emma sitting on a park bench and raising her hands as officers arrived. Despite her lack of resistance, she was pulled to the ground. While two officers held her, another activated a Taser against her back in drive stun mode. Emma had pleaded with officers not to use the device, informing them she was unarmed. A subsequent search revealed no knife, only two pairs of scissors in a nearby backpack.

Special Magistrate Sean Richter, a former police officer, stated that the officers’ actions were unwarranted. He noted that the police were familiar with Emma and her history, which includes a traumatic brain injury from a childhood accident and a diagnosed neurocognitive disorder. Richter expressed frustration at the lack of communication, remarking that he sometimes wonders when the ability to simply speak to people was lost. He emphasized that it was apparent to anyone interacting with her that she required a different approach.

During the arrest, Emma also appeared to strike her head against a police van, prompting officers to threaten the use of OC spray. While Emma was initially charged with several offenses, the prosecution withdrew all but the charge of possessing a knife without reasonable excuse, to which she pleaded guilty.

Legal developments and civil claims

Following the court proceedings, a civil claim was filed in July by Emma’s lawyer, Michael Lalor. The claim accuses an officer of misfeasance in public office, alleging that misleading statements were provided regarding the arrest. These alleged inaccuracies include claims that Emma was violent and ignored commands, which contributed to her spending 28 days in custody. The claim also challenges the police account of the witness who reported the knife, noting that the witness and their partner were inside a locked vehicle at the time.

Police used a Taser on an unarmed, disabled woman despite her offering no resistance during the arrest.

Why it matters

The magistrate's remarks highlight significant concerns regarding police interactions with vulnerable individuals and the use of force. The case underscores the legal and ethical scrutiny applied to law enforcement procedures when dealing with citizens known to have cognitive impairments.

This incident has prompted a civil claim that questions the integrity of police evidence and the justification for detention. It serves as a reminder of the importance of accountability in policing, particularly in cases involving marginalized groups and those with documented disabilities.