Police appeal against compensation for Tasered man

Edwin Afriyie (second right) took legal action against City of London Police after he hit his head while being Tasered by an officer in April 2018

The City of London Police is seeking to appeal against a court ruling that it must pay £24,000 in compensation to a social worker who was Tasered by one of its officers.

Edwin Afriyie, 37, said he suffered head, back and leg injuries after falling backwards on to the ground and banging his head on a stone ledge, in King William Street in April 2018.

A High Court trial last year found the use of the Taser had been reasonable in the circumstances. But on 25 October, the Court of Appeal ruled its was not "objectively reasonable" and damages should be awarded.

The City of London Police submitted an appeal application on 31 October, stating the judgment was "likely to have a chilling effect on front-line police officers".

In its appeal application, the force said the judgment "threatens the effective lawful use of Tasers by the police in circumstances where they fear imminent violence against themselves or others".

It argued that the Court of Appeal ignored the High Court judge’s finding that the police officer had deployed the Taser in fear that Mr Afriyie would “aggressively resist or attack the officers".

'Troubling lack of accountability'

Mr Afriyie was stopped by police on suspicion of driving at excessive speed and was eventually detained for failing to supply a sample of breath.

He was charged with failure to provide a specimen for analysis but was not convicted of the driving offence.

Mr Afriyie said he was "profoundly disappointed" that the City of London Police had chosen to appeal.

"This decision demonstrates a troubling lack of accountability and a continued misuse of public funds, which have already reached approximately £500,000 of taxpayers’ money just to bring the case to this point," he said.

"Beyond the financial implications, this appeal is prolonging the emotional toll on myself and my loved ones, denying us closure after what has been an incredibly traumatic experience."

'Not objectively reasonable'

The High Court heard that Mr Afriyie was standing with his arms folded while talking to a friend when he was Tasered.

Judge Mrs Justice Hill found the use of the firearm was reasonable in the circumstances.

But in a ruling at the Court of Appeal, Lord Justice Davis, sitting with the Lady Chief Justice Baroness Carr and Lord Justice Dingemans, said: "A proper objective analysis of whether using a weapon classified as a firearm was reasonable would have led the judge to conclude that it was not.

"Her conclusion that further negotiation would have been futile did not amount to the necessary analysis of objective reasonableness of the nature and degree of force used."