A Perth police officer has avoided jail after being found guilty of unlawfully tasering a man during a roadside breath test in Fremantle.

Key points: James Bartlett was tasered while he sat in his car with his seatbelt on in March 2017

James Bartlett was tasered while he sat in his car with his seatbelt on in March 2017 Senior Constable Grantley Keenan said he used the taser as he feared for his life

Senior Constable Grantley Keenan said he used the taser as he feared for his life His evidence was rejected in a decision the police union said was disappointing

Senior Constable Grantley James Keenan was last month found guilty of two counts of common assault against motorist James Bartlett and received an eight-month suspended sentence.

He will also have to pay a fine of $1,500 and court costs of almost $16,500.

Mr Bartlett was driving to a restaurant with his wife and a friend on the night of March 31, 2017, when he was pulled over by the officer on Beach Street.

A random breath test was carried out, but no alcohol was detected in Mr Bartlett's system.

He was instead issued with a vehicle defect notice for modifications he had made to his SUV.

Driver tasered while wearing seatbelt

During a two-day trial, the court heard that after he had passed the breath test Mr Bartlett flashed his lights, causing Keenan to approach the car again and try to remove the keys from the ignition.

Motorist James Bartlett was tasered after flashing his vehicle's lights at officers. ( ABC News: Charlotte Hamlyn )

The exchange was captured on mobile phone video taken by one of the passengers in the car.

It showed Mr Bartlett being tasered as he sat in the driver's seat with his seatbelt on.

The tasering officer was cleared of any wrongdoing by three internal police investigations, but his actions became the subject of a Corruption and Crime Commission investigation.

Keenan admitted tasering the man, but denied it was unlawful, arguing he had feared for his life.

In May, Magistrate Elaine Campione rejected his evidence, finding Keenan was not a truthful witness and was never in imminent danger.

No remorse for 'gratuitous' use of weapon

Ms Campione today took into account Keenan's unblemished 25-year record as a police officer, but said he had not accepted any responsibility for his actions, had shown no remorse and that a term of imprisonment was appropriate.

"Your actions were deliberate and they were premeditated," the Magistrate said.

"You acted out of frustration or a desire to teach him a lesson.

"You allowed the situation to get out of hand."

WA Police Senior Constable Grantley James Keenan told the court he used the taser because he feared for his life. ( ABC News: Charlotte Hamlyn )

Ms Campione said it was important her sentencing sent a message to other police officers and to the community.

"This was a gratuitous use of a weapon … against a member of the public who was not in a position to defend himself," she said.

"The community needs to have confidence that police officers will not misuse their powers."

Union to 'vigorously' pursue appeal

WA Police Union president Harry Arnott said the sentence was "manifestly unfair".

"We will do everything in our power to vigorously pursue an appeal to ensure that this matter is overturned," Mr Arnott said.

"I think realistically there's no police officer that feels this penalty is appropriate.

"$1,500 for a push? We see police officers get hurt — bloodied and battered — every single day, (perpetrators) receive $200-300 fines.

"So let's see it turned around the other way."

The police officer used the taser on James Bartlett after stopping him for a random breath test. ( Dave Hunt, file photo: AAP )

He said Keenan had been performing non-operational duties at work.

WA Police said an investigation by its Internal Affairs Unit would be finalised once the appeals period had expired.

Keenan was stood aside from operational duties in October.

Loading...