Daniel Richard Noonan released on bail without ankle monitor due to file confusion in Darwin court

A Darwin man who was sensationally arrested while allegedly in a stolen car packed with drugs and a fake gun was released on bail without an ankle monitor due to a paperwork mix up.

Under the NT police use of force General Orders, the use of both capsicum spray and tasers should only be used if there was an “an immediate physical threat of serious harm”. Picture: Supplied

A man who was pepper sprayed and tasered by cops while in a parked car was released on bail without an ankle monitor due to a paperwork mixup.

Daniel Richard Noonan was sensationally arrested while allegedly in the stolen vehicle packed with drugs and a fake gun at a Palmerston service station last Monday.

NT Police alleged that at 1.25pm the 34-year-old was approached by the Fugitive Task Force.

It was alleged Mr Noonan was “acting in a manner dangerous to the members and the public” and he was not complying with police’s directions, while remaining in the stationary car.

NT Police said the initial use of capsicum spray was “ineffective”, and alleged Mr Noonan continued to ignore and resist cops by attempting to start the vehicle with a screwdriver.

It was then that police fired a taser into the car.

Mr Noonan had to be taken to the Royal Darwin Hospital for medical assessment.

It is alleged the taser was fired at Mr Noonan while he was in the vehicle. Picture: Richard Walker

It is alleged a less than trafficable amount of methamphetamine, cocaine and cannabis, alongside ammunition and an imitation firearm was found in the car.

Mr Noonan was charged with resisting police, driving a stolen car while unlicensed, possessing a small amount of drugs, possessing ammunition and a prohibited weapon, and breaching bail.

He appeared before both the Supreme and Darwin Local Courts on Tuesday, where he was released on bail despite not being strapped with an electronic monitoring device.

But the next day, Judge Greg MacDonald said this bail was granted without all of the necessary paperwork.

“Some further files came out of the woodwork,” Mr MacDonald said.

“At the time bail was granted I wasn’t aware that there was any recent suggested or alleged involvement in schedule 1 substances.”

Defence lawyer Rebecca Emder said there had been significant confusion over his files — detailing more than 25 offences — with some charges accidentally doubled up, missing files all amid an ongoing Supreme Court case.

The court heard that before his arrest on Monday, Mr Noonan was largely facing drug possession, driving offences and breaches of bail charges.

Mr MacDonald said had he known the full details of the fresh charges, he would have imposed a stricter bail plan including the mandatory ankle monitoring conditions.

He said he also wanted to impose an addiction treatment assessment, to “get him on a good road where he’s not going to end up with a long time in prison”.

He adjourned his matter to February 26 for a bail review.

He appeared before both the Supreme and Darwin Local Courts on Tuesday and was released on bail without all of the relevant paperwork. Picture: Pema Tamang Pakhrin

Under the NT police use of force General Orders, the use of both ‘Aerosol Subject Restraints’ (capsicum spray) and ‘Electro-muscular Control Devices’ (tasers) should only be used if there was an “an immediate physical threat of serious harm” and less forceful options are not available.

A NT Police spokesman confirmed the use of the spray and the taser in the Pinelands arrest would be reviewed “as is the case with every use of force”.

“Based on the information at hand, the NT Police are confident the member’s actions were appropriate,” he said.

Originally published as Daniel Richard Noonan released on bail without ankle monitor due to file confusion in Darwin court