Australia: Tasered father and son to sue cops

The West Australian police are notorious thugs

POLICE could be sued in a landmark case for repeatedly Tasering a Perth businessman and his son in front of their family.

And the Corruption and Crime Commission is poised to reopen an investigation into the incident after a magistrate, who threw out all charges against the pair, suggested police used "excessive force" in their arrest.

Steve Smilkovic and his son Nathan claim they were Tasered 11 times between them in front of Steve's wife Julie and their three other children after an argument with police at a roadblock.

The incident occurred on May 11, 2008, as the family were on their way home from a Mother's Day lunch.

Mr Smilkovic, a 48-year-old self-employed pool builder, said after telling officers that he intended to drive through, police swore repeatedly, including telling him to "f--- off" to the pub.

He claimed two officers slammed him on the bonnet of his wife's car and one Tasered him in the back and four more times despite his wife's pleas that he had previously experienced chest pains.

This left him convulsing and turning blue. An ambulance was called, but Mr Smilkovic was taken away by police before it arrived.

In a 2009 criminal case following the incident, police alleged Mr Smilkovic first assaulted a constable by driving into his shins, but Magistrate Doug Jones found the allegation "not proven". Steve and Nathan Smilkovic were cleared of five charges each.

Now they are seeking hundreds of thousands of dollars in damages from three police officers in what lawyers believe will be the first time police have been sued for excessive Taser use.

The legal action will allege assault, battery, false imprisonment and malicious prosecution in an incident they claim left them with broken fingers, whiplash and other injuries.

Their lawyer, Terry Dobson, sent the officers letters this week demanding they accept liability, or legal action would be launched for damages and said the incident left his clients feeling "like the victims of torture".

Nathan Smilkovic, 23, claimed he was Tasered six times after trying to rescue his father by pushing an officer off him.

Mrs Smilkovic said officers repeatedly swore at her daughter, Naomi, who was 13 at the time, and her son Brodie, who was 14, telling them to "shut the f--- up".

A 2008 CCC investigation sustained complaints about "use of obscene language . . . by police", but did not uphold other complaints, including the allegation of excessive physical force. It also found an internal police investigation had been adequate.

But in the 2009 court hearing, Magistrate Jones said: "The evidence clearly raises a real issue in respect to the use of excessive force."

A CCC spokesman said on Friday that "in light of the reported comments by the magistrate, the Commission is prepared to have another look at the case".

A WA Police spokeswoman said an internal investigation was thoroughly conducted and found to be adequate by the CCC. She said as a result one officer received counselling over his use of language, but the use of force by the officers was found to have been justified.

"In the event a writ is lodged against any member of the WA Police, this will be assessed at the time and an appropriate response determined on the basis of all the evidence."

Original report here



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