Shock­ing taser video

The Sunday Telegraph (Sydney) - - NEWS -

THIS is the mo­ment po­lice tasered the son of a high-pro­file Syd­ney chef dur­ing a vi­o­lent stand-off that has landed the of­fi­cers in hot wa­ter.

The video was cap­tured by a cam­era mounted on a po­lice stun gun dur­ing a con­fronta­tion be­tween up to 10 of­fi­cers and Franklin Elmes, son of Darren Elmes, for­mer head chef at Bondi eatery Ravesis.

The footage, ten­dered in Down­ing Cen­tre Lo­cal Court, shows Franklin, 20, hold­ing a knife to his own throat, threat­en­ing to harm him­self, be­fore he was tasered and fell down stairs at the fam­ily’s North Bondi home on Aus­tralia Day.

His father, who can be seen scream­ing at the po­lice to leave his son alone, was charged with hin­der­ing and as­sault­ing po­lice, and was hos­pi­talised af­ter he was punched in the face by one of­fi­cer.

The con­fronta­tion threat­ens to land the of­fi­cers in­volved in trou­ble af­ter Mag­is­trate Mary Ryan threw out the hin­der­ing charge against Mr Elmes on Septem­ber 17 and or­dered the state pay his $20,000 in le­gal costs. Ms Ryan found an as­sault charge against Mr Elmes proven but did not record a con­vic­tion.

Ms Ryan heav­ily crit­i­cised a num­ber of the of­fi­cers for their be­hav­iour and the ev­i­dence they gave in court be­fore re­fer­ring them to the Law En­force­ment Con­duct Com­mis­sion. Mr Elmes spent time in St Vin­cent’s Hos­pi­tal, where he was treated for cuts on his face and legs, and a knife wound to his hand. The po­lice case fal­tered af­ter Mr Elmes’ lawyer Paul McGirr suc­cess­fully ar­gued that po­lice had il­le­gally en­tered the chef’s prop­erty.

Po­lice sus­pected Franklin was among three men, one of whom punched a cab­bie. Taxi driver Daljit Dhillon al­legedly told Se­nior Con­sta­ble Ni­cholas Kidd that two young men ran away with­out pay­ing and a third punched him in the face be­fore run­ning into Mr Elmes’ house.

Mr Dhillon said the man who hit him was in his 30s, with a bald head, which Mr McGirr told the court was not a match for Franklin. Const Kidd had pre­vi­ously had in­volve­ment with Franklin, the court heard.

The con­flict­ing de­scrip­tions meant po­lice were un­able to prove “rea­son­able sus­pi­cion” to legally en­ter the prop­erty, ren­der­ing ev­ery­thing the of­fi­cers did af­ter­wards un­law­ful. Ms Ryan told the court that Const Kidd was de­ter­mined to en­ter the house with­out a war­rant and the po­lice con­duct “had a smell about it”. Charges against Franklin were dis­missed in June un­der men­tal health laws and he was or­dered to at­tend drug and al­co­hol re­ha­bil­i­ta­tion.

Po­lice did not say if they would ap­peal or if the of­fi­cers con­cerned have been dis­ci­plined.

Po­lice footage ten­dered in court of Franklin Elmes, son of chef Darren Elmes (right), be­ing tasered.

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