ALS Media

Court condemns tasering of Wilcannia man

21 Feb 2012

Today in Broken Hill Magistrate Geoffrey Dunlevy handed down his final decision in the case of Police V Phillip Bugmy, finding Mr Bugmy not guilty on all charges and the police use of the taser ‘excessive’.

Mr Bugmy’s case attracted national media attention when footage of police tasering a shirtless Mr Bugmy kneeling in his loungeroom, hands behind his head, was disclosed in court late last year. (The footage can be viewed here)

Last Friday Magistrate Dunlevy ruled police had used ‘excessive force’ and breached police 'standard operating procedures' in using the taser on Mr Bugmy in his home in Wilcannia on 20 February 2011.

Mr Bugmy had been subsequently charged with resist police, intimidate police and using an offensive weapon with intent to prevent his own lawful apprehension.

Lawyers from Aboriginal Legal Service (NSW/ACT) argued the use of the taser constituted a criminal assault and all evidence following the use of the taser should be excluded by the court.

The officer who fired the taser, Senior Constable Paul Charman claimed in court that his actions were justified. This was rejected by the Magistrate who ruled the tasering was a grave impropriety.

Magistrate Dunlevy's judgement on the use of the taser was given Friday 17 February 2012. Magistrate Dunlevy found:

• That a reasonable police officer would have allowed a calmer head to prevail, would have sought to negotiate with the accused, and would have tried to calm everybody down including himself and his colleagues. 
• That a reasonable police officer would not have fired the taser at Mr Bugmy at the time SC Charman did.
• That the police used more force than was reasonably necessary and therefore contravened section 231 of the Law Enforcement (Powers and Responsibilities) Act.
• That the use of the taser was an impropriety and that it was "quite grave". 
• That SC Charman allowed a battle of wills to descend into violence. 
• That the end result of the use of the taser was an a debilitating and extremely painful experience for Mr Bugmy and that Mr Bugmy experienced considerable discomfort, pain and probably fear as a result.
• The ultimate conclusion reached by the Magistrate was that the impropriety justified excluding Police evidence that Mr Bugmy had made threats at the police station after he was tasered. 

Magistrate Dunlevy found Mr Bugmy not guilty of the charge of intimidate police.  The Magistrate excluded all evidence that related to the charge of intimidate police on the basis the evidence was 'obtained in consequence of an impropriety'.  

Magistrate Dunlevy found Mr Bugmy not guilty of the resist police charge on the basis there was no evidence that he struggled with the police at any relevant time. 

Magistrate Dunlevy today (21/2/12) found Mr Bugmy not guilty of the use offensive weapon with intent to prevent his own lawful apprehension charge.  The acquittal was on the basis that the action with the knife was fleeting and wholly consistent with gesticulating at police with a knife and fork in his hands.

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