Western Australia's Corruption and Crime Commission is pursuing disciplinary action against a police officer over an incident in which police twice shoved an Indigenous man to the ground before tasering him on a street in the Goldfields town of Kalgoorlie.
The ABC reports the charge of disorderly conduct against the Martu man thrown to the ground, Lance Stewart, has been dropped.
The incident occurred on May 8, around 2.30pm, when police were attending a separate incident and Mr Stewart gestured at them from across the street with his middle finger.
Body-worn camera footage obtained by the ABC through a Freedom of Information request shows the 25-year-old walking and continuing to hold up his middle finger.
Despite the FOI request, the tape has been heavily redacted by police, the ABC reports.
Mr Stewart can be heard asking: "You gonna arrest my finger?"
Police told Mr Stewart they would be issuing him with a move-on notice because of "anti-social behaviour" and asked him for identification, which he produced and handed over.
After about two minutes of waiting, he reached for his identification and was told "let go" and then "leave her alone" by Sergeant Richard Busby, who then pushed Mr Stewart back from the female officer holding his identification document.
Mr Stewart can be head asking "why are you touching me? What are you going to do, man?".
In the video obtained by the ABC, Senior Constable Michael Gordon then forcefully shoved Mr Stewart to the ground.
"Now stay down there, and wait there until we're finished with you, or we'll do it again," Senior Constable Gordon said.
Mr Stewart got off the ground and walked slowly back to the group of officers, with his cap in hand.
Senior Constable Gordon told him, "Stop, enough," and then shoved him to the ground a second time, this time forcing him to fall back several metres.
"You're going to get arrested," Sergeant Richard Busby said.
Mr Stewart then slowly approached the officers and said, "don't touch me, don't touch me, boss," as he took his shirt off.
He was then tasered by Sergeant Busby and collapsed to the ground. Two officers pinned him down and cuffed his arms.
The ABC reports that an internal police report on the incident found the use of force was "proportionate and appropriate under the circumstances with no issues identified".
Mr Stewart was charged with disorderly conduct and obstructing police. He was refused bail, and the magistrate said it would be a "pretty strong case" of disorderly conduct if "the police had to taser him". However, the disorderly conduct charge was withdrawn as a result of an investigation by the Corruption and Crime Commission.
A WA Police spokesperson told the ABC the CCC investigation found that "while the deployment of the taser was justified, the decision to push the 25-year-old man was excessive under the circumstances".
"As a result, an officer involved in the incident was subject to disciplinary action, and a charge of disorderly conduct against the man was withdrawn," they said.
The CCC review is yet to be finalised.
Criminal law researcher Thalia Anthony told the ABC Mr Stewart's tasering was unjustified, and the officers' "behaviour and conduct escalated the situation, resulting in the use of police violence".
"The use of force was not warranted under law, and I would suggest should be considered as a potential police misconduct, because the use of force was excessive," she said.
Professor Anthony said Mr Stewart's encounter with police was an example of a broader, established pattern whereby police in Western Australia target and profile Aboriginal people.
"Aboriginal people generally are over-policed, including through the use of move-on orders, in order to ensure that they stay out of the public realm," she told the ABC.
"WA has the highest level of police apprehensions and arrests per capita of First Nations people … there are serious issues going on in that law enforcement and legal system."
WA Police are required to notify the Aboriginal Legal Service of WA every time an Aboriginal or Torres Strait Islander person is taken into custody at a police facility.
Data obtained by the ABC shows the service received 42,008 notifications in 2024; the "highest in Australia", according to ALS WA director Peter Collins.