Oct 25, 2024 Story by: Editor
A Black youth worker, Edwin Afriyie, who was tasered by City of London police during a 2018 traffic stop, has won an appeal for damages after a court ruled that the officers used unlawful force. The 38-year-old was pulled over while driving home from a party, and officers claimed in their reports that Afriyie adopted a “fighting stance.” However, body camera footage later revealed he was standing calmly with his arms folded when the Taser was discharged.
In the judgment released Friday, Lord Justice Davis stated that Afriyie’s civil claim for assault and battery should have succeeded, ruling that “the use of a Taser was not objectively reasonable in the circumstances.”
Afriyie expressed his relief to The Guardian, stating, “I’m so happy that justice has finally prevailed. I’m still in shock and grateful to the judges and the courts for doing the right thing. I hope that people who have gone through – and will go through – similar situations with the police will now have the courage to fight for justice.” However, he noted it was “bittersweet” due to the prolonged legal battle, adding, “The justice system has allowed me and my loved ones to go through this extended torture for more than six years.”
The incident reportedly started with a disagreement over a breathalyzer test that failed to register. During the altercation, Afriyie fell, hit his head on a stone ledge, and sustained a minor traumatic head injury.
Afriyie’s initial claim for damages was dismissed by the high court, which concluded that the officer’s response was justified due to Afriyie’s “large and muscular” build and his apparent agitation. However, the appeal court’s three-judge panel found that the force was unnecessary and unlawful. Lady Chief Justice Carr emphasized, “Tasers are prohibited firearms. They are potentially lethal weapons … The use of a 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.”
Afriyie, a youth and community worker, highlighted that the incident had an impact on his efforts to build trust between Black youth in London and law enforcement. Although his legal claim didn’t address racial discrimination, Afriyie remarked to The Guardian that police “treated him like a wild animal” and that he believed the encounter would not have occurred if he were white.
His attorney, Kevin Donoghue, commented, “This judgment should reassure the public that victims of the unlawful use of force by the police will take aggressive action to hold them to account. It’s been six years to get justice for Ed. They should be accepting responsibility and seeking to remedy the situation rather than dragging it out through the courts, causing six years of emotional toll for Ed.”
The City of London police are currently considering whether to pursue a further appeal, which could potentially elevate the case to the supreme court. If no further appeals are made, Afriyie may receive approximately £30,000 in damages.
Both sides have reportedly spent significant sums on legal costs, with two high court trials necessary after the judge in the first trial became ill before issuing a final ruling.
A spokesperson for the City of London police expressed disappointment, stating, “We are disappointed by the ruling published today and will need to take time to consider our next steps before we can comment further.” Source: The Guardian
