Queensland court halts prosecution of two officers over taser incident
A Cairns judge granted a permanent stay of charges against Senior Constables Andrew David Couchman and Ulrich Weiss for alleged assault and unlawful restraint of Charlton Bong in a Far North Queensland watch house.
Senior Constables Andrew David Couchman, 54, and Ulrich Weiss, 45, faced assault and deprivation of liberty charges after allegedly capsicum spraying, tasering and restraining 25-year-old Charlton Bong at the Mareeba watch house in January 2024. An investigation by Queensland Police Service's Ethical Standards Command led to the charges, but the officers sought a permanent stay, arguing the trial could not be fair. Judge Dean Morzone KC ruled that a paragraph added by Detective Senior Sergeant Kim Cavell to Bong's statement—asserting consent the vulnerable man could not comprehend—constituted a fundamental defect.
The judge emphasized that no direction could cure this flaw and that proceeding would breach the integrity of the court. Consequently, the prosecution was halted, bail obligations were lifted, and the officers are expected to resume work soon, with the Queensland Police Union pledging further support. The Crown may seek to list the matter for a future mention, but the substantive case cannot move forward.
Why it matters
The ruling highlights procedural safeguards in police misconduct cases and may affect future investigations.
In this story
