Damian Ralph and Daniel Barling were involved the Taser incidents of Roberto Curti (bottom left) and Marcello Jimenez (R). Source: news.com.au
- Man, 27, Tasered on same night as Roberto Curti
- Marcello Jimenez victim of "unwarranted" Taser use
- Two officers were involved in both incidents
TWO police officers under investigation over the death of Brazilian student Roberto Laudisio Curti had been at the scene of another Taser shooting in the area just hours beforehand, a court has heard.
News.com.au can reveal the then Probationary Constable Daniel Barling and Senior Constable Damian Ralph were part of a group of officers who helped break up a fight using a Taser in the early hours of March 18, Downing Centre Local Court heard.
Today magistrate Janet Wahlquist dismissed four charges against the victim, Marcello Jimenez, after ruling the use of the Taser had not been warranted, with police using "very poor judgment" during the arrest in Sydney's CBD.
In summing up the prosecution's evidence in the three-day hearing, Ms Wahlquist said the now Constable Barling had noted some of his recollection had been affected "because it was the same night a Brazilian student had been tasered and died".
Constable Barling is among five officers criticised by NSW Coroner Mary Jerram over the death of Mr Curti, 21, who was tasered after stealing two packets of biscuits from a convenience store after taking LSD.
In handing down her findings earlier this month Ms Jerram noted: "Nothing excuses his five ... deployments (of the Taser) in the drivestun mode. He must, or should, have known that they would cause pain, hence causing more struggling, be unlikely to subdue, and were unnecessary."
In the case of Senior Constable Ralph his "use of OC spray was unnecessary and excessive, and aggravated rather than subdued Roberto".
The Police Integrity Commission is set to hold hearings into the controversial incident.
Ms Walhquist said today's case, where Jimenez was fighting two charges of resisting arrest and assaulting police, hinged on whether the use of the Taser had been warranted.
"Is it reasonable to fire a Taser into someone's back without warning?" she said.
"It would be a fairly long way down on the list of the items that police would resort to to take control of the situation.
"I'm not satisfied that the use of the Taser was warranted. What flows is that the police were not acting in the execution of their duty."
Jimenez had earlier pleaded guilty to a single count of affray and released on a 12-month good behaviour bond. He was also fined $500 and had a conviction recorded.
Outside court the 27-year-old, who received a number of serious facial injuries during the arrest told news.com.au he was grateful he had escaped Mr Curti's fate.
"It could have been a lot worse," he said. "I was lucky that didn't happen to me."
Before his arrest Jimenez had drunk up to 10 beers at an afternoon barbecue, then another "six or seven" at a club after heading into town with friends.
When officers arrived he was yelling abuse and facing off against other men outside Scruffy Murphy's Hotel in Goulburn St, the same place where Mr Curti had earlier met friends to celebrate St Patrick's Day.
The court heard it was a Constable Hugh Michelson who fired the Taser at Jimenez and CCTV footage revealed he had not identified himself as an officer before shooting.
The footage also showed the heavily intoxicated Jimenez had his back to police and it was possible he had not seen them arrive, Ms Walhquist ruled.
The incident happened just a few blocks away from where Mr Curti died.
The magistrate noted Jimenez sustained "significant injuries" from numerous elbow strikes and hammer fists to his face, neck and chest during his arrest and transportation to Surry Hills police station.
Ms Wahlquist said she had "significant concern about the judgment" in the use of the Taser and the officers' subsequent actions.
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