Trial for WA taser arrest damages claim

Civil action brought against a permanently disabled West Australian police officer by one of three men acquitted of assaulting him is going to trial.

Senior Constable Matt Butcher was partially paralysed from head injuries sustained during a brawl outside a tavern in the northern Perth suburb of Joondalup in February 2008.

Robert McLeod, who has a heart problem, was tasered during his arrest before his son, Barry, launched a "flying head-butt" at Snr Const Butcher, causing the policeman's head to hit the pavement.

Both men along with Mr McLeod's other son, Scott McLeod, were cleared of assault after it was argued police had used excessive force.

Mr McLeod then filed a civil suit against Snr Const Butcher and the state for loss of earnings and damages.

The case is now headed to trial after the WA government and Mr McLeod failed to reach an out-of-court settlement.

Snr Const Butcher, who was awarded a $3.3 million compensation payout by the state government in 2011 over the incident, said he was standing firm that he had done nothing wrong during the brawl.

"And I'm happy to go to court and go through it again," he told reporters.

The civil action was adjourned in the District Court on Thursday and is scheduled for a trial listing on May 18.

The WA Police Union tweeted the outcome was a great result for Snr Const Butcher.