It was the first time that a TASER stun gun had been used and the incident was investigated by the Police Ombudsman's office. The Police Ombudsman Al Hutchinson 'praised an effective and successful policing operation' and said the use of the TASER wa
s 'justified and proportionate'
Foyle MP Mark Durkan says he has some difficulty in accepting the conclusions of the report by the Police Ombudsman given what he had heard from his constituent and the fact that the case against him was dropped and he left court 'without a stain on his character'.
"The basic question of whether such a weapon was needed or warranted in the circumstances where Mr Smith had presented himself to the police who were outside his house, cannot be answered just by accepting a police version of things.
"Also it should be remembered that the police press office issued misinformation at the time by claiming that Mr Smith had been sectioned under the Mental Health Act. I wrote to the Police Ombudsman about this point, highlighting the Western Health Trust's written confirmation to me that Mr Smith voluntarily referred himself. Having previously taken this matter up with the Police Ombudsman I will be seeking a meeting about the Office's consideration of this case."
Mr.Smith said today the Sinn Fein MLA Martina Anderson had also taken up his case and he would be taking the matter further once he talked to his solicitor tomorrow.
