Police officers' charges dropped over taser incident involving vulnerable detainee in Queensland
Consensus Summary
Two police officers, Andrew David Couchman (54) and Ulrich Weiss (45), faced charges in January 2024 for allegedly assaulting and unlawfully restraining Charlton Bong, a 23-year-old man with mental health issues, at the Mareeba watch house. The incident involved capsicum spray, tasering, and restraint. A judge permanently stayed the case after finding a 'fundamental defect' in the investigation: a detective inserted a paragraph into Bong’s statement claiming he did not consent to the actions, despite Bong not using those words or understanding the term 'consent'. Both sources agree the defect made a fair trial impossible, though the ABC emphasizes the officers' stress over more than two years, while the Guardian highlights the reliance on CCTV footage that could not capture Bong’s state of mind. The ruling ends the prosecution, with the judge noting the seriousness of the allegations but the inability to proceed fairly.
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Key details reported by multiple sources:
- Senior constables Andrew David Couchman (54) and Ulrich Weiss (45) were charged with assault and unlawful restraint of Charlton Bong, who was 23, in January 2024 at Mareeba watch house.
- The incident involved capsicum spraying, tasering, and forcible restraint of Charlton Bong, who was experiencing mental health issues.
- A judge found a 'fundamental defect' in the investigation due to an inserted paragraph in the complainant’s statement claiming he did not consent to being tasered or restrained, which was not based on his actual words.
- Charlton Bong was described as 'cognitively and emotionally vulnerable' and was diagnosed with schizophrenia.
- The case was permanently stayed by Judge Dean Morzone KC, preventing a trial from proceeding.
- The incident occurred on 20 January 2024 at the Mareeba watch house.
Points of Difference
Details reported by only one source:
- The officers applied for a permanent stay of charges last week, arguing they could not be assured of a fair trial.
- Charlton Bong gave evidence at a pre-trial hearing in May, stating voices in his head told him the 'world was ending' and to punch and spit at the officers.
- Bong was left alone in a padded cell in a prone state for more than two hours after being tasered.
- The officers were listed to stand trial next month before the case was delisted.
- The Queensland Police Union general president, Shane Prior, stated the ruling brings to an end more than two years of stress for the officers.
- The officers were not in court for the hearing, which their lawyers joined by video link.
- The court noted there was CCTV and body-worn camera footage of the incident, but it could not record the complainant’s state of mind regarding consent.
- The complainant said during a committal hearing that the officers 'just did what they had to do' and that the use of Tasers was 'necessary because I was being a dick'.
- The complainant also said he was hearing voices and not taking his medication, with voices telling him to hurt the police.
- The judge described the inserted paragraph about consent as 'false' and a 'fundamental defect' in the proceedings.
Contradictions
Conflicting information between sources:
- The ABC states the officers were charged with offences including assault and deprivation of liberty, while the Guardian does not explicitly list deprivation of liberty as a charge.
Source Articles
Judge finds 'fundamental defect' in police taser investigation
A criminal prosecution of two police officers accused of tasering and restraining a prisoner with a mental illness comes to an end after a judge finds they could not be guaranteed a fair trial.
Court ends case against police charged over use of Taser and pepper spray on ‘vulnerable’ First Nations man
Court finds ‘defects’ in investigation of two senior constables charged over 2024 incident at Mareeba watch house in far north Queensland Follow our Australia news live blog for latest updates Get our breaking news email , free app or daily news podcast Two police officers charged with criminal offences over the use of capsicum spray, Tasers and restraints on a “cognitively and emotionally vulnerable” First Nations man in police custody have had the case against them permanently stayed, after a