Two Saskatoon police constables have filed a statement of defence in a lawsuit a man filed after being Tasered in June 2016.

Dion Waniandy, who filed the statement of claim in June 2018, alleges Const. Reuben Peter Wiebe and Const. Chris Hobman entered his apartment unlawfully.

Waniandy was sitting in his underwear drinking an alcoholic beverage and demanded officers leave his home when they entered, according to the statement of claim.

It goes on to say the officers asked Waniandy if his name was Jason and he told them they had the wrong apartment and no one named Jason lived there. The officers refused to leave and a confrontation ensued, according to the claim.

“During the course of this confrontation, (Waniandy) lawfully gestured and threatened to use reasonable force to remove the defendants from his residence,” the statement of claim reads.

It then says Const. Wiebe told him he was under arrest for uttering threats and assaulting a police officer.

The officers’ statement of defence says Waniandy refused to identify himself throughout the entire situation, and that they confirmed they attended the right address reported to dispatch. The defence claim says someone called asking police to check on the wellbeing of an individual at that address and to ensure the property was secure.

The officers’ statement says the apartment door was ajar and there was “fresh extensive damage” to the door frame, which led them to believe there may have been a break and enter.

The defence claim says Waniandy wouldn’t acknowledge the explanation of why police were in his apartment, threatened the officers, acted aggressively and stood in “a fighting stance.”

“On no less than eight occasions (Waniandy) aggressively approached Cst. Wiebe and put his finger into Cst. Wiebe’s chest and face,” the statement of defence reads.

The officers say Wiebe pointed a Taser at Waniandy and told him he would use it if he assaulted the officers. Waniandy backed off and Wiebe re-holstered the Taser.

Waniandy was Tasered after he went to his room to put on clothes because he learned he was under arrest. Waniandy claims Wiebe held the Taser’s trigger after the needles entered his body, therefore applying a continuous high energy electrical current.

The officers claim while Waniandy was putting on clothes when he began yelling at the officers again and came at Wiebe with raised fists. Wiebe pushed his shoulder so Waniandy fell onto the bed to avoid an assault, it says.

“Cst. Wiebe felt threatened and had reasonable grounds to believe that (Waniandy) intended to assault him again,” the statement of defence reads, therefore, he used his Taser.

Waniandy was charged with assaulting a police officer and uttering threats, but the charges were stayed four months later by the Crown in Saskatoon Provincial Court.

Waniandy is suing for mental distress, pain and suffering, physical injury, damage to his reputation, loss of income and legal costs.

The officers’ statement of defence asks that Waniandy’s statement of claim be dismissed with costs.