Magistrate calls Canberra Taser use heavy-handed
A special magistrate ruled that officers used excessive force on a disabled woman who was unarmed and had her hands raised.
By Ana Castro ·
Special Magistrate Sean Richter described the use of a Taser on a disabled Aboriginal woman in Canberra as exceedingly heavy-handed.
The incident occurred at a bus stop in January 2026. Police responded to a report of a woman with a knife. Upon arrival, they found Emma, who has an intellectual disability, holding two pairs of scissors, one of which was broken, in a nearby backpack. Emma raised her hands immediately after officers arrived. She pushed back when an officer attempted to handcuff her. Two officers held her down while a third activated a Taser in drive stun mode against her back. Seven officers were present at the scene.
Richter, a former South Australian police officer, reviewed body-worn camera footage in September. He noted that officers knew Emma had a traumatic brain injury from a car accident at age 12. The ACT civil and administrative tribunal had previously classified her as having a mental impairment and a neurocognitive disorder. She was also under a psychiatric treatment order. Richter observed that she was sitting on a bench with her arms in the air and putting up no resistance. He stated that it was blatantly apparent she had a significant cognitive disorder and should be treated accordingly. He found the police actions unwarranted.
Emma was initially charged with multiple offences. The prosecution withdrew all charges except possessing a knife without reasonable excuse. She pleaded guilty to that charge. A separate civil claim was filed in July. Emma's lawyer, Michael Lalor, accused one officer of misfeasance in public office. The claim alleges the officer made misleading statements about Emma's behavior and the witness who called police. The witness was inside a moving vehicle with locked doors and told police he was not particularly scared because he knew the woman could not stab him. Police claimed the witness feared for his safety and departed swiftly. Emma spent 28 days in custody before bail was granted after her lawyers viewed the camera footage.
ACT police released a statement noting Richter's comments. They declined further comment because a civil claim is underway. Lalor is also alleging breaches of the Human Rights Act and seeking exemplary damages for assault and battery. Police have not yet filed a defense. The department has faced scrutiny for its use of force against Aboriginal people. In August, the ombudsman criticized police for failing to define racial profiling after officers pointed guns at an Indigenous teenager. In June 2025, the ombudsman found that unprofessional behavior unnecessarily escalated situations in about a third of reviewed cases. The ombudsman recommended better training on mental illness, but police did not accept the recommendation.
