http://www.coroners.lawlink.nsw.gov.au/agdbasev7wr/_assets/coroners/m401601l4/curti%20decision%2014%20nov%202012.pdf
According to Kim, Cooper only had his forearms on the lower back. Once again, he claimed to recall very little, and to have seen almost nothing (despite the evidence of other police) and to have been ‘focussing’ only on the leg. He appeared to make no genuine effort to give truthful evidence. The term ‘focussing’ was used suspiciously often by those police whose evidence was unhelpful or worse. Between those officers, there was a similarity of wording and an apparent inability to remember that which did not assist some of them in acceptance of their truthfulness or independence.
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Sergeant (now Inspector) Cooper’s evidence was so self-contradictory, self-serving and obscure that it hardly bears narrating. Frankly, given that he was the most senior officer involved, both his actions during the event and his attempts to exonerate himself and blame more junior officers afterwards, are little short of contemptible. He was unable to explain the constant difference between his version of events, and that of other officers and what was shown by Tasercam footage other than personal difficulties and ill health.
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On one hand, he said that he had no power to stop other officers, whilst on the other, he said that he did have the power to tell them to stop tasering. Cooper denied knowledge of the wording of the Taser SOPs, saying that he had never been provided with the relevant document. When Counsel Assisting put to him that he had failed to take command of the situation and control junior officers, and failed to stop or minimise the use of Tasers and OC spray, Cooper disagreed. His evidence bore almost no credibility.
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In summary, Professor Alpert disagreed with the views of all officers, including Davis that the police actions during these events, particularly the use of Taser in drive stun mode whilst Roberto was on the ground and handcuffed, were justified, or in accordance with the prevailing SOPs and training.
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In the pursuit, tasering (particularly in drive stun mode), tackling, spraying and restraining of Roberto Laudisio Curti, those responsibilities were cast aside, and the actions of a number of the officers were just that: reckless, careless, dangerous, and excessively forceful. They were an abuse of police powers, in some instances even thuggish, as described by Mr Gormly. Mr Hamill’s analogy with the character in Joseph Heller’s Catch 22, screaming ‘Help, Police!’ as a cry for help against police action is searingly apt. Roberto’s only foes during his ordeal were the police. There was no victim other than Roberto, no member of the public who suffered an iota from his delusionary fear. Certainly, he had taken an illicit drug, as has become all too common in today’s society. But he was guilty of no serious offence. He was proffering no threat to anyone. There was no attempt by police to consider his mental state. He was, in the words of Mr AlShayeb, “just crazy”. Left alone, there is not a shred of evidence that he would have caused any harm, other than to himself.
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Probationary Constable Barling’s wild and uncontrolled use of the drive stun mode suggests that he had no such understanding, despite only recently having undertaken the Taser course. A few of the other Constables seem to have thrown themselves into a melee with an ungoverned pack mentality, like the schoolboys in ‘Lord of the Flies’, with no idea what the problem was, or what threat or crime was supposedly to be averted, or concern for the value of life.
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No thought whatsoever was given to Roberto’s mental state. According to the evidence, at no stage did he act aggressively, to any member of the public or officer, other than to struggle wildly to escape the pain he was experiencing from being tasered, drive stunned, sprayed and lain upon by ‘half a ton’ of police officers (as Ralph described it). As all the civilian witnesses, and a few officers, told the court, at all times Roberto was merely trying to get away. No one had told him he was under arrest, or why. We now know that he was almost certainly in a psychotic state of paranoia and fear, but this did not translate into any violence other than his need to flee. While not all uses of force by Police were excessive, the attempted arrest of Roberto involved ungoverned, excessive police use of force, principally during the final restraint.
The police officers now listed, should in my strong view, be referred for possible disciplinary action in relation to their actions during the pursuit and restraint of Roberto.
Inspector (then Sergeant) Gregory Cooper
Cooper’s failure to maintain any objectivity, or sensible leadership, quite apart from the unreliability of his evidence, is abhorrent. His evidence in the main is rejected. The evidence of the AFIDs establishes that Cooper first fired his Taser from the western side of Pitt Street. Apart from being ineffective, it was a random act for no reason, as was his second cycling while Roberto was fleeing. His only purpose in deploying his Taser seems to have been to effect an arrest. His statement that he believed Roberto to have a knife is in stark contrast to every other witness, and hints at deliberate self-justification. Pushing his entire weight on the back of a man prone, who was handcuffed and had just been tasered was hardly the action of an experienced, senior officer. He allowed excessive use of force by junior officers. It appears that Cooper only sought to stop or limit the use of Taser when officers started to be affected.
Much more in the PDF
It's there for all to see now.
BTW, it was only yesterday that the 5 officers had their tasers taken off them in lieu of further training, until then they were on full duties roaming with the tasers, much to the distress of Curti's family.
Sergeant Cooper has since then been promoted to inspector.........
There is something very very wrong with the NSW police.
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