Taser allegations: Seymour former policeman James Oliver fronts court

A former Seymour police officer is facing assault charges after he tasered a suspect in what is claimed to have been an excessive use of force.

A police officer has been charged after he deployed a taser during an arrest in Seymour.

A former Victoria Police officer has been charged with assault after he tasered a man during an arrest in Seymour.

James Oliver faced Shepparton Magistrate’s Court on Wednesday on three charges of unlawful assault, assault with a weapon namely a taser and assault without lawful excuse.

Mr Oliver was a police officer for about nine years and was working in Seymour in February, 2023, when he tasered Mitchell Berens who was wanted on charges of dangerous driving, drug and weapons offences.

The court heard Mr Berens, who was 20 at the time, had a wheel brace in his hand when Mr Oliver and his colleague approached him at a Seymour property where he was keeping his car.

The court heard Mr Berens was living in his car at the time.

James Oliver allegedly deployed a taser at a property in Seymour in February 2023 which has led to assault charges.

The court heard the wheel brace was thrown at Mr Oliver’s colleague by Mr Berens before he attempted to flee.

It’s alleged as Mr Berens’ back was turned he was tasered with the barbs landing in his side.

Mr Oliver subsequently placed Mr Berens in handcuffs and requested through his radio for an ambulance.

He allegedly said to Mr Berens “For like three weeks you have been doing runners from us” and “you’re not a s--- kid, you just make s--- decisions.”

He said the way Mr Berens had been driving was “ridiculous” and “put so many lives at risk”.

Mr Berens was taken to hospital to have the barbs removed and the court heard he suffered no other injuries before he was remanded the following day.

Senior Sergeant Shane Biderman was called as a witness and said tasering was authorised when a person was presenting a serious and imminent physical threat, which he believed was not the situation.

The beginning of a committal for James Oliver was heard in the Shepparton Magistrates’ Court.

“We’re trained to create distance if a threat is presented,” he said.

“The taser was deployed when Mr Berens’ back was to him.”

The court heard Mr Oliver had no prior criminal history.

Informant and witness Senior Sergeant Peter Warden said Mr Oliver had one previous allegation of assault which was dealt with by workplace guidance.

He said the public expected officers to do their jobs with minimal force in line with police policies and legislation.

Magistrate Olivia Trumble said the prosecution would have to prove why the force used was excessive.

Mr Oliver had since resigned form the police and now lived in Queensland.

He will appear in the Seymour Magistrate’s Court on February 24 for the remainder of the committal.