crime

'Please don't taser me': Canberra woman sues police over use of force

'Please don't taser me': Canberra woman sues police over use of force

An Aboriginal woman who was tasered by officers during an arrest at a Canberra bus stop is suing ACT Policing.

An Aboriginal woman who was tasered by officers during an arrest at a Canberra bus stop in January is suing ACT Policing.

Police body-worn camera footage shows the woman, who also has an intellectual disability, being pulled to the ground and held face down by two male police officers.

A representative of the Aboriginal Legal Service described the vision as "horrifying" and called for independent police oversight.

Warning: This story contains footage that some readers may find distressing.

A woman who was tasered by police is suing seven ACT police officers over actions a magistrate has described as "unwarranted and exceedingly heavy-handed".

Officers were called to the Canberra suburb of Deakin in January after a report from a member of the public that a woman with a knife was yelling at passing cars and threatening to stab occupants driving past.

When they arrived, one officer aimed his taser at the woman and told her she was under arrest for having a knife in a public place.

Police body-worn camera footage obtained by the ABC shows the woman, who is Aboriginal and has an intellectual disability, being pulled to the ground and held face down by two male police officers.

The footage shows another officer triggering a taser on her bare back.

After that, police can be seen finding two pairs of scissors in her bag, one of which was broken.

A short time later, an officer threatens to "spray" the woman with capsicum spray if she "keeps trying to fight".

The body cam footage also shows handcuffs were placed around her wrists at her back, and she was moved headfirst onto the floor of the caged section of a police vehicle.

Special Magistrate Sean Richter watched the video footage during an ACT Magistrates Court sentencing hearing in September.

"I consider that the actions of the police in that matter were unwarranted and heavy-handed," he said.

The court heard the woman had lived with a mental impairment and neurocognitive disorder after receiving a traumatic brain injury in a car accident when she was 12.

"It's blatantly apparent to anyone that deals with this woman that she has a significant cognitive disorder and should be treated as such," Magistrate Richter said.

Magistrate Richter, a former member of the South Australian police force, described the actions of police as "incredibly heavy-handed" in circumstances where they were familiar with the woman's vulnerabilities.

"She's a woman who was putting up no resistance," he said.

The woman, known as Emma, was charged with five offences.

Her last name cannot be revealed because of legal reasons associated with an unrelated matter also before the courts.

The then-35-year-old, who was on bail at the time for other unrelated offences, spent a month remanded in custody at the Alexander Maconochie Centre.

By the time she was sentenced in September 2026, all but one charge — possessing a knife without a reasonable excuse — had been withdrawn.

She pleaded guilty to that offence and was convicted in September.

The Aboriginal Legal Service (ALS), which represented Emma in her criminal case, said it was time police were accountable for their conduct.

"This footage is horrifying, but it's something the public needs to see," ALS acting chief executive Sharif Deen said.

"Sadly, the Aboriginal Legal Service sees evidence of this every day.

A civil case filed on Emma's behalf accuses the Commonwealth and seven ACT Policing officers of assault and battery, breaching her human rights, and misfeasance in public office.

It alleges an officer made a series of misleading claims and omissions about the incident, which resulted in unsustainable charges being laid and the woman subsequently being refused bail.

It also claims the officers involved applied unlawful force during her arrest, and that they acted in a way that failed to consider and was incompatible with her human rights.

Lawyer Michael Lalor, who is representing Emma, said the case would have major legal significance.

"It raises questions in general about police use of force in relation to Aboriginal people, in relation to people with a disability — particularly the use of force with weapons," Mr Lalor said.

Mr Lalor is seeking damages for his client.

He said he was struck by his client's resilience.

"I think to anyone who's seen the footage, you could understand the effect it might have on someone," Mr Lalor said.

The defendants have not yet been required to file a defence.

ACT Policing said it noted comments made by the magistrate who sentenced Emma.

"As an associated civil claim is underway in relation to this matter, it would not be appropriate to provide further comment," a spokesperson said.

ACT Police Minister Marisa Paterson said she "shared the concerns of the community."

"ACT Policing plays a vital role in keeping our community safe, and I have confidence in the professionalism and commitment of its officers," she said in a statement.

The matter is among 29 civil proceedings on foot as of August 2026 that relate to ACT Policing action.

Eighteen of those include claims relating to unreasonable use of force by police.

ACT police officers are required to renew "use of force" qualifications annually.

They are also required to submit a "use of force" report when they use force that is not considered "routine".

In the last financial year, tasers were involved in 294 "use of force" reports — more than one in every five incidents.

That number has increased by 16 per cent since 2024-25.

Overall, the number of "use of force" reports submitted by ACT Policing rose from 1,175 to 1,387 in the 12 months to June 30, 2026.

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