An investigation by the Police Ombudsman's Office has concluded that an officer was justified in using a Taser against a man who was in the process of being arrested for having a knife.
The incident happened in Ballyclare in the early hours of 5 January 2011 after a passing police patrol stopped to challenge two men, one of whom (Man A) appeared to be carrying an eight-inch long knife.
Two police officers got out of the police car, one (Officer B) drew his gun, the other (Officer A) produced a Taser, and Man A was ordered to drop the knife.
The man walked on several feet before throwing the knife over a wall. Officer B then reholstered his weapon, ordered the man to get down on his knees and moved behind him to apply handcuffs.
As he did so Officer A took hold of the man's shoulder and pushed him forward and down towards the ground. At almost the same time Officer A discharged the Taser, but the weapon proved ineffective.
Officers were nevertheless able to restrain Man A, who was then arrested and later received an adult caution for possessing an offensive weapon.
In line with normal protocol when firearms are used by police, the incident was referred to the Police Ombudsman for independent investigation.
When interviewed by Police Ombudsman investigators, Officer A said he saw Man A move his hands forward towards a pocket on the front of his hooded top. The officer said he had noticed that there appeared to be something in the pocket, and fearing the man might be reaching for another weapon, he discharged the Taser. He said there had been no time to issue a warning that he was about to use the weapon.
However, the other two officers in the police patrol disagreed with this account. Officer B, said Man A had his hands out in front of him, palms facing upwards, when the Taser was used.
Officer C provided a similar account, although it was noted that he had been conducting a search of the other male at the moment when the Taser was used, and was unlikely to have been paying full attention to Man A's movements.
No CCTV coverage of the incident was available, but a civilian witness stated that Man A appeared to have been resisting police.
Man A was also spoken to by Police Ombudsman investigators, and though he chose not to cooperate with their investigation, he did indicate that he had been drunk at the time, and could remember moving his hands just before being Tasered.
He added that he had had a sheath for the knife in the pocket of his hooded top. Man A did not make a complaint about the police handling of the incident.
Enquiries also established that Officer A was properly trained and authorised to use a Taser at the time of the discharge.
Having considered the evidence, the Police Ombudsman, Mr Al Hutchinson, said it was significant that Man A had admitted moving his hands towards his pocket immediately before the Taser discharge.
He pointed out that in circumstances in which an officer "honestly and reasonably believes" that a Taser should be used in order to prevent a risk of death or serious injury, then police guidelines state that a Taser can be justifiably used.
"The evidence suggests that Officer A had an honest and reasonable belief that Man A posed a potentially serious and immediate threat to himself and to the police officers at the scene," said Mr Hutchinson, who therefore concluded that the use of the Taser had been lawful and justified.