Tasered Brighton thief loses case against Sussex Police

Police who used a stun gun to arrest a shoplifter has been cleared of deploying excessive force.

Paul McClelland, 42, who later admitted theft, assault and obstructing a police officer, sued Sussex Police Chief Constable Giles York over the arrest.

He argued police used the Taser unreasonably when he was surrendering and moving backwards to be handcuffed.

However, Judge Jonathan Simpkiss ruled the officers "honestly and reasonably believed" the Taser was necessary.

In a written judgment at Brighton County Court, the judge said McClelland had not been seriously injured as a result of the officers' actions, in a Brighton car park in July 2013.

He also said there was no medical evidence to suggest the claimant had suffered psychological trauma as a result of video of the arrest being watched widely.

Paul McClelland was given a community order after admitting several charges in relation to his arrest in 2013

Mr McClelland was arrested on 5 July 2013 in a private car park in Cavendish Place, on suspicion of shoplifting.

Footage from one of the arresting officers' body-worn camera, released after a court order was obtained by BBC South East, showed him shirtless, being arrested by two police officers.

A high-voltage Taser is fired at him and as he falls, one of the officers appears to kick him.

McClelland's solicitor, Sophie Khan, argued in court that the officers' actions were excessive because he was surrendering.

But Sussex Police said he was drunk and aggressive and that officers believed they and the public were in danger.

'Rigorous scrutiny'

In his judgment Judge Simpkiss said: "I… conclude that the officers honestly and reasonably believed that it was necessary to apply a Taser to the claimant and to bring him to the floor with a leg strike.

"I also conclude that it was objectively reasonable in the circumstances for them to do so."

Deputy Chief Constable Bernie O'Reilly said in a statement after the conclusion of the civil case: "I welcome the judgment in this case after rigorous scrutiny of our police officers' actions in using Taser.

"We expect a lot from our officers and it is important that we train and equip them to deal with dangerous situations."

But Ms Khan said the judgment went "against the body of the evidence that was heard during the trial" and said McClelland was considering lodging an appeal.