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PC denies Tasering naked man out of 'revenge, anger or retribution'
Updated 3:46pm Thursday 24th April 2014 in News
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 "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.
"I ran up behind the male and it was clear he was the aggressor and from behind I put my right arm over his chest and brought him back towards the car to prevent him from assaulting any of the door staff," Birch told the jury.
"He appeared to be drunk.
"I had taken hold of his left arm which was behind his back and I had firm control of him and he said 'I want to go home'.
"I was in the process of telling him that he was not going home and that I was going to arrest him.
"At that point I believe he knew he was going to be arrested.
"I didn't have a very good grasp over him and he tried to break away and go down the street.
"I lost grip of his arm but still had a grip of his collar and he was unable to get away from that.
"With one full movement he swung his body around and threw a classic haymaker punch towards me.
"I saw it at the very last second and managed to move my head to the right and the fist hit me in the ear.
"(If I had not moved) it would have hit my face."
Birch said the threat posed by Mr Dove was "extremely high".
"My initial thought was that he was clearly very angry and if he was prepared to hit a police officer he could hit anybody," he said.
"Mr Dove was now in handcuffs and we picked him up of the floor and PC Read was stood in front of him and as PC Read took hold of one of his arms I saw Mr Dove bring his head up and knee PC Read three times in very quick succession in the groin.
"PC Read hunched over and was grimacing."
Mr Dove denies assaulting either officer, the court was told.
Birch said that Mr Dove was then placed in a police van and taken to Melksham police station.
During that journey, Mr Dove was arrested and cautioned by Birch on suspicion of being drunk and disorderly and two allegations of assaulting a police officer.
"I do not believe he listened to the caution and he said something like 'You think you're a big man? Wait until these f****** cuffs come off'," Birch said.
Jurors were told that Birch joined Wiltshire Police in 2003 as a civilian control operator before becoming a constable in 2007.
In 2010 he was selected by the force to train to use the Taser.
The court heard that when Mr Dove arrived at the police station a strip search was authorised and began in a police cell.
Birch - who had taken the Taser from his holster and placed it behind his back - and two other officers were in attendance.
It is said that Mr Dove took off his boxer shorts and "flicks" them at the officers, striking Birch to the side of the face.
Birch is then accused of Tasering Mr Dove.
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."
Mr Dove was left "prostrate on the ground" while Birch removed the prongs of the Taser from his chest.
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 in the custody suite.