Friday, August 30, 2013

No action against police officer who mistakenly Tasered blind man


When the mistake was realised he was taken to Chorley Hospital for treatment and was later released.


An investigation by the Independent Police Complaints Commission has now been completed and after a file was passed to the Crown Prosecution Service a decision has now been made not to press charges against the officer.


Malcolm McHaffie, deputy head of CPS Special Crime Division, said: “On the basis of the evidence provided, including CCTV footage and police log record, I have determined that no charges should be brought against the officer.


“The circumstances are unusual because the officer was acting on the basis of erroneous reports from members of the public that the victim was carrying a samurai sword.


“Anyone accused of an assault who may have acted under a mistaken belief as to the facts must be judged on the facts as they believed them to be.


“In addition, police officers are entitled to use reasonable force in order to effect an arrest and where the officer is under a mistaken belief as to the facts the question is whether, in the circumstances as he believed them to be, the force was reasonable.


“The officer has been informed by the police control room that they had received reports that a man was walking around the streets of Chorley carrying a sword.


“It appears the reflective nature of the stick used as a walking aid by the victim, who is partially sighted, led members of the public to mistake it for a weapon. The officer, who was acting on this misinformation, made the same mistake.”


Mr McHaffie said he had considered all the evidence in the case and there was insufficient evidence to prove the policeman had not been mistaken.


Mr Farmer said: “In a strange way I’m relieved, simply because these things can go on so long. At last I feel there is some progress being made. I’m bemused by it, but I just want this to move forward.


“There is no doubt what the police said themselves – I’ve been put through a terrible ordeal. I’ve been through a living nightmare.”


He lodged a claim for damages against Lancashire police in January.


Edited for Telegraph.co.uk by Katie Grant




Crime News – UK Crime News



No action against police officer who mistakenly Tasered blind man

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