An Aboriginal man who was shoved to the ground and tasered after giving police the finger has sparked a review by a corruption watchdog.
Martu man Lance Stewart, 25, approached officers as they attended an incident in McDonald Street, Kalgoorlie, in Western Australia‘s mining capital, about 2.30pm on May 8, 2024.
‘You gonna arrest my finger?’ Mr Stewart is heard asking officers in body-worn footage of the incident obtained by the ABC.
The officers told the 25-year-old they would be issuing him with a move-on notice due to his ‘anti-social behaviour’.
They asked Mr Stewart for identification, which he produced.
Two minutes later, the man reached for the paperwork being completed by a female officer and was told by officers to ‘let go’ and ‘leave her alone’.
‘Why are you touching me? What ya gonna do man?’ Mr Stewart said before Senior Constable Michael Gordon pushed him to the ground.
‘Now stay down there, and wait there until we’re finished with ya, or we’ll do it again,’ the constable told Mr Stewart.
Martu man Lance Stewart, 25, held up his middle finger at WA Police as they attended a separate incident on a Kalgoorlie street about 2.30pm on May 8, 2024
Police officers shoved Mr Stewart to the ground twice and tasered him
Officers told Mr Stewart he was being issued with a move-on notice due to his ‘anti-social behaviour’
The Martu man got up and began walking back towards the officers.
Senior Constable Gordon told him to ‘stop’ before pushing him to the ground again.
Mr Stewart warned the 25-year-old he was ‘going to be arrested’ as he adopted a fighting stance and took his shirt off.
He was then tasered by Sergeant Richard Busby and fell to the ground.
Mr Stewart was pinned down and handcuffed by two officers while the sergeant threatened to taser him again.
He was charged with disorderly conduct and obstructing police.
Mr Stewart was refused bail by a magistrate, partly because of his ‘shocking record’ and because he was facing other charges.
A police spokesperson told Daily Mail: ‘An internal investigation focused on the police action was conducted, with oversight by the Corruption and Crime Commission.
Body-worn footage shows the moment Sergeant Richard Busby tasered Mr Stewart
A police spokesperson said ‘that while the deployment of the taser was justified, the decision to push the 25-year-old man was excessive under the circumstances’
‘The investigation found that while the deployment of the Taser was justified, the decision to push the 25-year-old man was excessive under the circumstances.
‘As a result, an officer involved in the incident was subject to disciplinary action, and a charge of Disorderly Conduct against the man was withdrawn.
‘This matter is currently under further review to consider police conduct and training.’
The CCC said its review has not been finalised.
A senior police officer has requested a further review of the investigations’ findings.
The police spokesperson added: ‘The CCC ‘is one of several independent bodies which has oversight of the Western Australia Police Force.
‘The CCC’s oversight includes police internal investigations. The CCC regularly reviews police incidents for various reasons, often informing policy and training improvements.
‘Body-worn camera footage and use of force reports are reviewed as part of these investigations.
‘Community trust is essential, which is why transparent oversight is in place to ensure accountability.’
