A man tasered by a police officer on Boxing Day is not guilty of public nuisance and obstructing police, a Mount Isa magistrate has decided.
Magistrate Stephen Guttridge said there was not enough proof Desmond Punch shouted obscenities and acted in an aggressive manner, which led to a constable's decision to taser the man.
Mr Punch was among a group of more than 80 people crowding around two police officers in Abel Smith Parade, Mount Isa, about 2am on December 26.
Constable Tyson Seumanu told the Mount Isa Magistrates Court he stunned Mr Punch because he was frightened of the defendant's aggressive behaviour.
Mr Punch was alleged to have fists clenched while walking towards the police officer.
He was also allegedly saying "give me a piece of that little c—t".
Constable Seumanu said he knew Mr Punch delivered the taunts because he was familiar with the defendant, who was older, taller and had a more distinguished voice than others in the crowd.
Representing Gun Lawyers, barrister Michael Hibble said the defendant was at a party nearby when he heard the commotion and realised his son was being arrested.
Mr Punch walked to police and asked "What's happening, what are you doing with my son?" just before being stunned, he said.
"He was threatened to be tasered again while effectively on the ground," Mr Hibble said.
"This is the State of Queensland. This is not some type of Middle Eastern country where police officers are allowed to taser people."
He believed the constable escalated the situation by telling the group of indigenous people to "f—k off".
The magistrate said he watched two pieces of video footage from Constable Seumanu's chest camera and from the mobile phone of a Pioneer resident many times while determining his decision.
Mr Guttridge said he could not hear the specific phrase Mr Punch was accused of saying, but did hear other threatening language.
The difficulty was that there were more than 40 people shouting around the police officers in a poorly lit area.
Mr Guttridge could not accept Constable Seumanu knew the owner's voice so well he could pick it out in a crowd at night.
"It's not possible to attribute the words to the defendant," the magistrate said.
Magistrate Guttridge acknowledged the "dangerous and volatile situation" that the police officers were in when surrounded by a large number of people acting aggressively and ignoring orders.
The Constable's evidence was unreliable even though he "genuinely tried to state what happened".
The two police witnesses said last week they tried to give Mr Punch first aid after he was tasered, but other people threw rocks and glass bottles.
They said they were frightened for their safety, so drove away in the police car while calling for back-up before returning to check on the defendant and to make further arrests.
