Success in the Court of Appeal in tasering case

In April 2018, Edwin Afriyie was stopped by City of London Police whilst driving his car. That set in motion a train of events that led to Mr Afriyie being tasered. The linked article shows video footage of the incident, seen by the courts both at trial and on appeal.

Officers claimed Afriyie had adopted a ‘fighting stance’ before Taser weapon was fired but body-worn footage shows him with arms folded. Photograph: Graeme Robertson/The Guardian.

He sued the police. His solicitor, Kevin Donoghue of Donoghue Solicitors in Liverpool, instructed David Hughes, an associate tenant at St Paul’s Chambers, early on.

The case had to be tried twice. After the first trial in 2022, the judge unfortunately fell ill and was unable to give judgment. When that happens, the case has to be tried again. It was heard by Mrs Justice Hill. In June 2023, she dismissed Mr Afriyie’s claim.

Mr Afriyie appealed, supported by David Hughes. Richard Clayton KC was added to the team for the appeal. On 8th October, the Court of Appeal heard the case, and today judgment was given allowing the appeal. Mr Afriyie wins his case. Read the full Judgment.

Lord Justice William Davis said that “The use of the taser was not objectively reasonable in the circumstances…” and the Lady Chief Justice said “…tasers are prohibited firearms. They are potentially lethal weapons… (the tasering officer) had agreed in evidence that the appellant could have been killed by the use of the taser. The use of the taser on the appellant, who at the time of discharge was standing still in a non-aggressive stance with his arms folded and talking to his friend, was not objectively reasonable in the circumstances”.

Read more from The Guardian

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David Hughes

David Hughes

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