Videos of ACT Policing officers using Tasers on Luke Marsh 'disturbing', says magistrate James Stewart

Magistrate James Stewart expressed concerns on Wednesday about the use of force training being provided to police officers after he cleared Luke Arthur Marsh, 39, of resisting a public official.

His comments followed the ACT Magistrates Court viewing police body-worn camera footage of the incident, which happened at the Red Cedars Motel in Watson.

Police were called to that suburb last November, when ACT Ambulance Service paramedics requested urgent assistance on Aspinall Street.

Paramedics told police a seemingly intoxicated man had been aggressively yelling at them while they were treating a patient.

They said they last saw this man heading into the motel's car park area, so police went there and spotted Mr Marsh.

Mr Marsh is said to have yelled profanities at police before entering a room, outside which several officers are gathered when the body-worn camera footage begins.

Once the audio kicks in after a 30-second delay, one officer shouts at Mr Marsh that they will "put the door in" unless he signs "an undertaking to keep the peace".

Mr Marsh bellows back and tells police to "f--- off", prompting officers to obtain a key to the door and force their way past a bicycle the 39-year-old had used to barricade himself inside.

During the noisy arrest that ensued, police pepper-sprayed Mr Marsh and Tasered him multiple times.

In court documents, police said they believed Mr Marsh needed to be arrested because "if left to his own devices, [he] would continue to act in a manner to the annoyance of various liege subjects of Her Majesty the Queen".

Prosecutor Stafford Whitfield said on Wednesday that he would rely on the statements of paramedics to prove Mr Marsh was breaching the peace and police needed to intervene.

But defence lawyer Daniel Turner, from the Aboriginal Legal Service, said the court would not be able to conclusively find the man "giving the ambos a hard time" was Mr Marsh.

Mr Turner said police had, instead of properly identifying this person, "jumped the gun" and assumed it was Mr Marsh because he was in the vicinity.

He added that the body-worn camera footage was "the best evidence", saying Mr Marsh's shouting was about him simply wanting the police to go away as they demanded he open the door and let them in.

Mr Turner ultimately said it could not be proven Mr Marsh was breaching the peace and, because of that, the officers the 39-year-old had allegedly resisted in his room had in fact entered as trespassers.

Mr Stewart agreed there was "a gap in the prosecution case", finding the man who had caused the paramedics to fear for their safety had breached the peace.

But he was not satisfied that person was Mr Marsh and said there was nothing in the footage that showed the 39-year-old being violent, as police repeatedly stated he had been.

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The magistrate accordingly found the prosecution had not established that Mr Marsh had breached the peace, meaning police were not acting in their functions as public officials when they entered his room.

He therefore acquitted Mr Marsh of the resisting charge.

Mr Stewart went on to say he was concerned one officer had their Taser drawn before entering the room, while another could be seen using their electrical weapon after being told to put it away.

An officer also appeared to have a hand on their gun before entry to the room, Mr Stewart said as he recommended police review the footage for training purposes if nothing else.

"That footage needs to be watched and rewatched, and I don't particularly want to do that," Mr Stewart said.

"I found it disturbing."

Mr Marsh, an Indigenous man who has been unlawfully arrested before, told the court: "It makes me cry even to think about it."

In response to questions from The Canberra Times, an ACT Policing spokesman said the force had noted Mr Stewart's concerns.

"The circumstances of this arrest have been referred to AFP Professional Standards for consideration," the spokesman said.

"ACT Policing has robust training and review systems in place and if operational issues are identified, then a range of options are in place to ensure those issues are addressed.

"Anyone who has concerns with the conduct of an officer can make a complaint via the [Australian Federal Police] website."

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