TWO West Australian policemen convicted of assaulting an Aboriginal man by repeatedly tasering him in a lock-up have been given suspended jail terms and fined.
CCTV footage showed the officers - Aaron Grant Strahan, 45, and Troy Gregory Tomlin, 34 - tasering Kevin John Spratt nine times in just over a minute after he refused to be strip-searched in the East Perth watch house on August 31, 2008.
Perth Magistrate Richard Bromfield ruled on Tuesday that Tomlin was guilty of all three charges he faced, while Strahan was guilty of three charges and acquitted of a fourth.
While defence lawyer Karen Vernon had asked the magistrate to impose a good behaviour bond or a fine, rather than a term of imprisonment, Magistrate Bromfield said on Wednesday that imprisonment was the only appropriate sentence.
State prosecutor James MacTaggart had not asked for a jail term, instead suggesting a significant fine.
Tomlin was given an eight-month prison sentence, suspended for six months, as well as a $3800 fine.
Strahan was also given an eight-month jail term, suspended for six months, and a $3250 fine.
In determining the fine, Magistrate Bromfield took into account Tomlin and Strahan's earlier fines of $1200 and $750, respectively, after an internal WA Police disciplinary hearing.
Magistrate Bromfield described the policemen's actions as "a gross error of judgment" and "persistent and repetitive assaults" on a vulnerable victim in custody.
He rejected a suggestion from Ms Vernon that Mr Spratt could have been screaming in joy during the assault as "fanciful", instead describing his utterances as loud and protracted cries of anguish. And while Mr Spratt had been intoxicated and unco-operative before the assault, his struggling during the incident was an understandable response as the Tasers were clearly causing him discomfort.
"No reasonable person could view that footage without being disturbed," Magistrate Bromfield said.
"He was in custody. He could not flee from either of you. He was in an extremely vulnerable position."
Mr Spratt made a brief statement outside court, thanking the media for covering the matter.
After the verdict was handed down on Tuesday, he said he hoped the judgment made it less likely that others would suffer at the hands of police misusing their power.
"A Taser should only be used as a last resort," he said.
While the defence had argued the policemen's actions were justifiable because Mr Spratt was uncontrollable, the court heard from an expert witness that police were instructed not to use the devices for the purposes of ensuring compliance.
Mr Spratt is submitting an application to WA Attorney General Michael Mischin for an ex-gratia compensation payment and is also considering civil proceedings against the officers.
Tomlin and Strahan declined to comment outside court but are expected to issue a statement later on Wednesday.
They are expected to have to fight to keep their jobs as a result of the convictions.
Strahan is still performing operational duties for the WA police, while Tomlin is now a police auxiliary officer.
Both were formerly senior constables.
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