Investigators 'misled' alleged victim of police assaults, court told
Two Queensland police officers accused of unlawfully restraining and tasering a prisoner in a watch house ask a court for a permanent end to criminal charges against them.
Two Queensland police officers have requested a court to halt criminal proceedings against them for allegedly tasing and restraining a prisoner in an unlawful manner. Lawyers for Senior Constables Andrew David Couchman and Ulrich Weiss argue that the investigation by the Ethical Standards Command was tainted by investigators. Judge Dean Morzone is scheduled to decide next week whether the case proceeds to trial.
The incident occurred at the Mareeba watch house in Far North Queensland on January 20, 2024, where Charlton Bong, 25, was tased, cuffed, and left alone for about two and a half hours. Senior Constable Couchman's defense barrister, David Jones KC, argues for a permanent stay of the charges, citing concerns about the trial's fairness due to potential police misconduct.
He contends that Detective Senior Sergeant Kim Cavill misled Mr. Bong about his consent to the force used against him. Mr. Jones claims the case is contaminated, with Mr. Bong's understanding of the incident influenced by the investigation. Crown prosecutor Christian Peters denies the investigation was prejudiced, emphasizing that Mr. Bong's recollection of the events will be presented in court along with video evidence. The court will consider two primary issues: consent and justification.
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