Shocking taser video
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.