IPCC Challenged Over Reluctance to Reveal Details to Man Shot With Taser Gun

Police misconduct involving taser

04/12/2008

A 34-year-old man who was shot as many as 3 times by police with a taser gun after he went into a diabetic coma on a bus in Leeds is challenging the decision by the Independent Police Complaints Commission (IPCC) to withhold vital details.

Nicholas Gaubert was shot with a taser gun and arrested in July 2005 after police believed he could have been a suicide bomber. The incident occurred just one week before the fatal shooting of Brazilian man Jean Charles de Menezes by officers in London.

Mr Gaubert described how he was on his way to have a drink with friends when he suffered a hypoglycaemic fit which left him slumped on his seat clutching his rucksack.

An armed police team was called to the vehicle and when he failed to respond to their challenges he was shot with the taser. Self-employed Mr Gaubert said that as one of his hands was not visible and he was still failing to respond to challenges he was shot with the electric stun gun again.

As this was happening, another officer was pointing a real gun at his head.

He finally came round in the police van and only then did officers realise it was a medical emergency, despite him wearing a neck tag to warn of his diabetic condition.

They took him to hospital but the police refused to take off his handcuffs while he was being treated.

The IPCC have confirmed that two officers face disciplinary hearings following the incident, Inspector Butterworth and Chief Superintendent Docherty, both of West Yorkshire Police. However the officer who fired the taser, PC Gumby, will not face any disciplinary proceedings.

Mr Gaubert’s lawyers, Irwin Mitchell, are now fighting for an explanation of why disciplinary proceedings against PC Mumby have been dropped, and for the full details of the charges against both officers to be disclosed prior to an IPCC hearing which is due to take place later this year.

Police misconduct lawyer comments

Mr Gaubert’s lawyer, Ifti Manzoor from Irwin Mitchell solicitors, said: "I find it astonishing that the IPCC are not prepared to divulge the nature of the misconduct charges that the two officers face nor why the officer that fired the taser is not to face any misconduct charges.

"Instead, my client is expected to give evidence at the misconduct hearing where the officers themselves, the police force and the IPCC all know the exact nature of the charges and my client is not even given an outline.

"In circumstances where my client alleges appalling treatment by the police I would have expected the IPCC to make great efforts to ensure the matter was dealt with fairly and openly. It is worrying when this comes at a time when the IPCC are making claims that they are actively trying to improve their service and openness."

Mr Gaubert said: "I feel disgusted at the way my complaint has been handled. It seems as though the IPCC are more concerned with protecting the police than dealing with the concerns of the public.

“It is now three years since I was tasered on a Leeds bus and falsely arrested under the terrorism act. I was unconscious at the time of the attack with severe hypoglycaemia owing to my diabetes.

"I showed no aggression as I was unconscious and unable to respond to their demands. Three years later I have had no explanation or apology and It feels like the IPCC have denied me a full explanation.

"The incident needs to be fully investigated and lessons need to be learned before the taser is distributed to all policemen.

"I was shot by the specially trained armed police and shudder to think of the countless other people with conditions that may be unable to respond to verbal commands.

"Police training must reduce the risk of assault to innocent people."