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19 March 2010

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Ethics in Policing

"Policeman used excessive forc

A URANQUINTY man struck repeatedly with a police baton and sprayed in the face twice with capsicum spray has made an official complaint of excessive force, Wagga District Court was told yesterday.

The complaint was revealed by David Barron, solicitor for Lance Hume Hull, during 69-year-old Hull's appeal against jail terms handed out in Wagga Local Court on February 17, after he pleaded guilty to common assault, resisting arrest and three counts of possessing a prohibited weapon without a permit.

Mr Barron said Hull wrongly believed the tasers were legal and objected to the police officer wanting to seize the weapons without explanation.

Hull put the tasers ? which had no batteries ? in his hands and pointed them at the officer, who responded with force.

Mr Barron said the officer did not tell Hull the tasers were illegal or say what he was doing or why he was doing it.

If he had explained things, "it might have avoided this whole ugly incident", Mr Barron said.

Judge Norrish said of the incident: "It was a matter that could have been handled a lot better than it was, and that is no disrespect to the police officer."

He said he was not a police officer but felt that the situation was one that could have been avoided with more judicious handling, and dealt with without force.

Judge Norrish said Hull should not have been given jail terms when other sentencing options were available to the magistrate.

"That is what I ask myself, that is what it boils down to," Judge Norrish said.

Hull agreed to enter an 18-month good behaviour bond for possessing the tasers and a 12-month bond for resisting police.

Hull asked whether the convictions would affect his horse-training licence but Judge Norrish said he could not answer that question.

In overturning the prison sentences and instead placing Hull on two good behaviour bonds and recording no conviction for the assault, Judge Stephen Norrish said he could not understand why a 69-year-old man with no prior criminal record had been given jail under circumstances where he had temporarily "lost his mind".

However, the judge said he would not be getting involved in any complaint about alleged excessive force by the police officer who arrested Hull.

"These are all matters he should take up with the Police Integrity Commission, they are no strangers to Wagga," Judge Norrish said.

"These are matters for elsewhere ? if there are reasonable grounds for complaint."

Mr Barron said according to police accounts of Hull's arrest, Hull was sprayed twice and struck with a police baton approximately four times on his hands, three times on his legs and twice on the arms.

He tendered photographs of Hull's injuries.

In a previous court appearance, Mr Barron said Hull estimated he had been struck up to 50 times with a baton, a figure that was not believed by the sentencing magistrate.

The police officer suffered a thumb injury in the clash with Hull.

The violent arrest happened after Hull, a horse trainer, called police to his Pearson Street property on November 5 over a dispute with another person.

That person complained that Hull had assaulted them by raising a fist and told police Hull had three illegal tasers in the kitchen.

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Article sourced from

Daily Advertiser19 March 2010

"Policeman used excessive forc

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Daily Advertiser
19 March 2010