Taser policeman denies targeting man ‘in anger’

A police officer accused of unlawfully Tasering a naked man who threw a pair of underpants at him during a strip search denied he had acted out of “revenge, anger or retribution”.

Pc Lee Birch, 30, discharged his weapon into the bare chest of Daniel Dove in a cell at Melksham Police Station in Wiltshire hours after a disturbance outside a nightclub. Birch had arrested Mr Dove earlier that morning, on December 23 2012, outside Moo Moo in Trowbridge, Bristol Crown Court heard. Mr Dove was charged with being drunk and disorderly and assaulting Birch and a second officer, though the case against him was later dropped.

Birch was then charged with assault occasioning actual bodily harm and misconduct in a public office, which he denies.

Stephen Mooney, representing Birch, asked his client: “This man has been violent, aggressive and abusive and you were one of those effected by it.

“Did you at any stage regard him as someone you wanted to attack out of revenge or anger or any form of retribution?”

Birch replied: “No, absolutely not.”

Giving evidence, Birch said he and a colleague were driving around Trowbridge town centre in a patrol car shortly after 2am when they were approached by doormen for help.

The Wiltshire officer said Mr Dove tried to punch him with a “classic haymaker” before repeatedly kneeing Pc Read in the groin.

Mr Dove denies assaulting either officer. Birch said that Mr Dove was then placed in a police van and taken to Melksham police station.

CCTV footage of the incident shows Birch ripping the boxers from Mr Dove and throwing them against the wall of the police cell.

The officer is then heard to shout: “You have assaulted me for the second time.”

The prosecution allege the use of the Taser did not amount to “reasonable force”, as Birch was accompanied by two officers, with others yards away.