Rae-Edzo (Aug 21/06) - A judge has ruled that a man who was tasered more than six times by police and spent almost four and half months in custody should never have been arrested.

Now, Behchoko resident Freddy Tinqui said he's considering a lawsuit against police. On Aug. 16, Territorial Court Judge Bernadette Schmaltz found him not guilty of obstructing justice, resisting arrest, and assaulting a peace officer in territorial court Aug. 16.

Tinqui said he was happy the trial was over and he would return to Behchoko soon to work.

"I feel really good, it's been a long, frickin' nightmare."

Tinqui said he is considering suing the RCMP for assaulting him.

"I think I need to find a good lawyer."

Lifting his shirt to show where he was zapped by the device, Tinqui said he has 14 deep scars where he was tasered by police.

Schmaltz said Tinqui's arrest was without justification.

"There were no grounds to arrest Freddy Tinqui at that point," she said. "In this case I don't find there was a breach of the peace."

Following the acquittal, RCMP Supt. Pat McCloskey, head of policing in the NWT, said there will be an internal review of the case.

"We have requested a copy of the transcribed court proceedings," said McCloskey.

Once the RCMP has collected all the information about the case a decision will be made about an appeal.

McCloskey said there is ample case law supporting police who must defend themselves in the line of duty.

"Police have the right to do certain things to protect themselves," he said.

The arrest came the evening of Nov. 12, when Tinqui and friend Charlie Quittie were drinking in Tinqui's home.

According to evidence in court, two police officers and a social worker entered without knocking or asking for permission, after they had received a call from Tinqui's common-law wife that he was drinking and their two young children were in danger.

Tinqui testified that police refused to leave the home after he told them to leave, but that he agreed to call a baby sitter to look after the children.

He told court that an argument ensued between himself and Const. Todd Scaplen over what the RCMP officer thought was an illegal crossbow.

The weapon was later identified as a bow and arrow.

Court was told that after Scaplen asked Tinqui if he had a permit for such a crossbow, Tinqui told the court he responded saying, "You're asking an aboriginal man, an Indian, if he has a permit?"

Crown counsel Loretta Colton said Scaplen "acted in good faith" when the situation turned violent.

She said Tinqui resisted arrest, and was tasered as he ran out the door.

Tinqui was tasered at least twice more as he struggled with officers outside his home.

When on the ground Tinqui testified he was tasered several more times when fighting with officers on the ground.

After being subdued, Tinqui was arrested and taken to the Behchoko RCMP station where he received one stitch to close a cut on one of his eyelids.

Schmaltz described the RCMP's presence in the home after the children were seen to be safe as akin to "Big Brother," from the George Orwell novel 1984, watching over Tinqui without just cause.

Quittie admitted in court that the men had been drinking earlier that day but said Tinqui was not intoxicated, and the children were safe.

Tinqui was found guilty of breaching probation by consuming alcohol.

Because of the time he spent in jail, Tinqui only had to serve one day in custody for the breach.