Monday, April 11, 2011

Man's shoulder dislocated after tasering

An Aboriginal man who was dragged out of his cell and tasered repeatedly had a dislocated shoulder, cracked rib and collapsed lung when he was taken to a Perth hospital the next day.

But the Department of Corrective Services officer responsible for removing the man from his cell at the Perth Watchhouse has told a West Australian corruption hearing there didn't appear to be anything wrong with him when he took him back to prison.

The Corruption and Crime Commission (CCC) hearing into Kevin Spratt, who was tasered by WA police and Corrective Services staff up to 41 times between August 31 and September 6, 2008, resumed on Monday after a four-month adjournment.
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Footage was shown at the hearing for the first time of Mr Spratt being taken to the infirmary at Casuarina prison on September 6, after having been forcibly removed from his cell at Perth Watchhouse earlier that day.

As he is being led to the infirmary surrounded by six Corrective Services officers clad in anti-riot gear as well prison staff and medics, someone is heard saying: "It's a bit of overkill, isn't it?"

When Mr Spratt arrives at the infirmary, the footage shows he is placed on a bed shirtless and appears to be sobbing and screaming: "My arm, my arm."

A nurse at the infirmary tells him: "We need to sort out if your arm is broken or not .... we need you to shoosh and you've got to listen to these guys, okay."

She added: "Be really still, otherwise everyone will have to jump on you."

An X-ray of Mr Spratt's arm was then ordered.

Counsel assisting the CCC Peter Quinlan SC told the hearing nurses and medical practitioners would give evidence later in the week that when Mr Spratt was taken to Royal Perth Hospital the next day, it was determined he had a dislocated shoulder, fractured rib and collapsed lung.

However, the Corrective Services officer who was in charge of getting Mr Spratt out of his watchhouse cell told the CCC that when he went to the hospital to return Mr Spratt to prison, there was no sign of any injuries.

"I sat on him at Royal Perth (Hospital) and he never had a plaster or a brace or a strap of anything on his arm, even after hospital staff dealt with him," said the officer, whose name has been suppressed.

"I never read the medical reports ... but I know when we took him back he certainly put up a good fight when he didn't want to leave and there was no sign of restriction either to his arms or legs."

In trying to get Mr Spratt out of his cell at the watchhouse, the officer use the Taser twice on Mr Spratt before he dragged him out. Six Corrective Services officers in helmets and carrying shields then helped restrain Mr Spratt with handcuffs and waist chains, pinning him to the ground and tasering him up to nine more times.

Earlier in the hearing Sergeant Nicholas Rowe, who was working at the admissions desk at the time, contradicted evidence by the senior officer in which he said he introduced himself to Mr Spratt outside the cell door.

The hearing into whether WA Police or the Department of Corrective Services engaged in misconduct continues before acting commissioner Mark Herron.

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