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24 April 2019, 15:25
A police constable has been convicted of assaulting a man with a taser in Derby.
British Transport Police constable Andrew Spiby had denied common assault after an incident at Derby railway station in May last year, the Independent Office for Police Conduct (IOPC) said.
Officers were called to reports of a disturbance involving a group of people on one of the station platforms.
Two men were arrested at the scene and Pc Spiby deployed a Taser on one of the men, who also had incapacitant spray used on him twice by co-defendant Pc Severns.
Pc Severns was found not guilty on Tuesday after the two-day trial at Birmingham Magistrates' Court.
The IOPC said the case had been referred to them after the man involved complained about the level of force used on him, and the effect of the incident on other members of his family who were present at the scene.
A report from their investigation found Pc Spiby and Pc Severns had a case to answer for gross misconduct.
IOPC regional director Derrick Campbell said: "This was a serious incident which was witnessed by onlookers, including several young people.
"Police are entitled to use force but only if it is necessary, reasonable and proportionate in the circumstances.
"The public have to have confidence that officers will conduct themselves appropriately and in this case the court took the view that Pc Spiby did not do so."
Pc Spiby will be sentenced at the same court on June 10.