Social worker tasered by police wins compensation after being hit with crossed arms while talking to friend

A social worker who was tasered by police while talking to a friend in central London has won an appeal for damages.

Edwin Afrie, 38, sued London police, claiming he suffered head, back and leg injuries after being tasered by officers.

A High Court trial last year heard Mr Afrie was standing with his arms folded talking to a friend when police tasered him in King William Street.

At the time, the judge ruled that the use of the firearm was reasonable in the circumstances, but Mr. Afriyie took the case to the Court of Appeal.

Three senior judges today ruled that the use of the Taser was not “objectively reasonable” and that damages should be awarded.

In the judgment, Lord Justice William Davies, sitting with Lady Chief Justice Baroness Carr and Lord Justice Dingemans, said: “He (Mr Afriyie) was standing and talking to his friend.

“A proper objective analysis of whether the use of a weapon classified as a firearm was reasonable would lead the judge to conclude that it was not.

“Her conclusion that further negotiations would be futile did not constitute the requisite analysis of the objective reasonableness of the nature and extent of the force used.”

Agreeing with the decision, Baroness Carr said: “Tasers are prohibited firearms. They are a potentially lethal weapon.

“The use of a taser against the appellant, who at the time of his release was standing motionless in a non-aggressive posture with his arms folded across his chest and talking to his friend, was not objectively reasonable under the circumstances.”

Mr Afrie, who is in his 30s, was stopped by police around 5.30am on 7 April 2018 on suspicion of speeding.

He was eventually pulled over for failing to take a breathalyzer test, but was not charged with impaired driving.

Footage of Mr Afrie, shown at a hearing last year, showed the 38-year-old falling backwards and landing with his head on a step and his body on the pavement.

His barrister, David Hughes, told the court that “he fell like a falling tree”, adding that Mr Afriyie “could have been killed”.

Mr. Afriye later sued the police for assault, battery and abuse of office in a public institution.

In June last year, Mrs Justice Hill ruled that the police constable “genuinely believed that the use of the taser was necessary; that his belief was objectively reasonable; and that the use of the stun gun was objectively reasonable under the circumstances.”

However, at the latest hearing, Lord Justice William Davies concluded that the original court will consider whether the weapon is dangerous to cause serious injury.

He also noted that the judge did not consider the response to be a “reasonable response to the situation.”

“The judge erred in saying that the situation shown on the body-worn video would have involved a split-second decision by the officer,” he said.

“The appellant faced and spoke to Mr Cole for at least 20 seconds before he folded his arms.

“He was in that position for a few more seconds before the taser went off.

“Objectively, the officer was not faced with a split-second decision and was not forced to make a decision.

Moreover, the binary choice made by the judge did not involve any consideration of whether the use of a stun gun per se would be appropriate.

“Even if ‘further negotiations with the appellant would be futile’, that does not mean that it would be proportionate to use a taser against him.”

The judge added that Ms Justice Hill had previously awarded damages “if she is found to be wrong on any aspect of the merits of the appellant’s claim”.

Ms Justice Hill said she would have awarded Mr Afria £24,000 in “general” and “special” damages, which the Court of Appeal said would now be awarded.

A spokesman for the City of London Police said: “We are disappointed by the order issued today and will need time to consider our next steps before we can comment further.”