Judge finds 'fundamental defect' in police taser investigation

Two police officers, Andrew David Couchman and Ulrich Weiss, were charged with assaulting and unlawfully restraining a prisoner who had mental health issues. The case against them was brought by the Queensland Police Service's Ethical Standards Command, which investigated the incident at a Far North Queensland watch house. However, Judge Dean Morzone KC found that an investigator's insertion of a paragraph into the prisoner's statement created a "fundamental defect" that would prevent a fair trial.

Both officers argued that they could not be assured of a fair trial and applied for a permanent stay of the charges. The court granted the stay, acknowledging that a court's power to do so was reserved for exceptional and extreme cases. Judge Morzone stated that the continuity of proceedings would result in unacceptable unfairness to the officers and that the integrity of the court's processes would be compromised.

The Crown argued for the case to proceed due to public interest, but the judge's decision reflects only the court's conclusion that a fair trial is not possible. Senior constables Couchman and Weiss are now discharged from their bail undertakings, and their trial has been delisted.