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Youth worker loses damages fight after police Tasered him | Youth worker loses damages fight after police Tasered him |
(about 16 hours later) | |
The court heard that Mr Afriyie's arms had been folded when he was Tasered | |
A youth worker Tasered after being stopped by police while driving through central London in April 2018 has lost a High Court damages fight. | A youth worker Tasered after being stopped by police while driving through central London in April 2018 has lost a High Court damages fight. |
Edwin Afriyie, who is in his mid-30s, said he suffered head, back and leg injuries during the incident in King William Street. | Edwin Afriyie, who is in his mid-30s, said he suffered head, back and leg injuries during the incident in King William Street. |
Mr Afriyie took legal action against the City of London Police and made a misfeasance allegation. | Mr Afriyie took legal action against the City of London Police and made a misfeasance allegation. |
Police disputed his claims and a judge ruled against him on Friday. | Police disputed his claims and a judge ruled against him on Friday. |
A barrister representing Mr Afriyie, who lives in Hayes, west London, said the Tasering was not in response to any "identified threat". | A barrister representing Mr Afriyie, who lives in Hayes, west London, said the Tasering was not in response to any "identified threat". |
David Hughes said the police's use of Tasers should be proportionate and lawful and suggested that their authority had been wrongfully exercised. | David Hughes said the police's use of Tasers should be proportionate and lawful and suggested that their authority had been wrongfully exercised. |
'Objectively reasonable' | 'Objectively reasonable' |
Mrs Justice Hill dismissed Mr Afriyie's assault, battery and misfeasance in public office claims. | Mrs Justice Hill dismissed Mr Afriyie's assault, battery and misfeasance in public office claims. |
Mr Afriyie is black, but the judge said he had not "advanced a claim" under equality legislation nor sought to argue that officers' treatment of him was "motivated by his race". | Mr Afriyie is black, but the judge said he had not "advanced a claim" under equality legislation nor sought to argue that officers' treatment of him was "motivated by his race". |
She had watched police bodycam footage showing Mr Afriyie being Tasered after officers said he was being arrested for not providing a breath sample. | |
Mr Afriyie, who has not been charged with a driving offence arising from the incident, was standing with his arms folded when he was hit and footage, available online, showed him falling backwards, landing with his head on a step and his body on the pavement. | Mr Afriyie, who has not been charged with a driving offence arising from the incident, was standing with his arms folded when he was hit and footage, available online, showed him falling backwards, landing with his head on a step and his body on the pavement. |
She said police had proved that a police constable "honestly believed" that the use of the Taser was "necessary". | She said police had proved that a police constable "honestly believed" that the use of the Taser was "necessary". |
The judge added that the belief was "objectively reasonable". | The judge added that the belief was "objectively reasonable". |
"Mr Hughes submitted that I should find as a fact that nothing was about to happen that necessitated the use of force," she said. | "Mr Hughes submitted that I should find as a fact that nothing was about to happen that necessitated the use of force," she said. |
"He may be right that nothing would, in fact, have happened had the Taser not been discharged. | "He may be right that nothing would, in fact, have happened had the Taser not been discharged. |
"However what matters is whether [the officer's] belief in what might happen, so as to justify the use of the Taser, was objectively reasonable." | "However what matters is whether [the officer's] belief in what might happen, so as to justify the use of the Taser, was objectively reasonable." |
Mrs Justice Hill had also overseen a trial of the same case at the High Court last year but fell ill and was unable to complete it. | Mrs Justice Hill had also overseen a trial of the same case at the High Court last year but fell ill and was unable to complete it. |
It was reported elsewhere that Mr Afriyie is considering an appeal. | It was reported elsewhere that Mr Afriyie is considering an appeal. |
Follow BBC London on Facebook, Twitter and Instagram. Send your story ideas to hellobbclondon@bbc.co.uk | Follow BBC London on Facebook, Twitter and Instagram. Send your story ideas to hellobbclondon@bbc.co.uk |
Related Topics | Related Topics |
Tasers | Tasers |
High Court | High Court |
Metropolitan Police Service | Metropolitan Police Service |
London | London |
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