A man who claims police used excessive force by shooting him three times with a Taser gun failed today in a court bid to force the Independent Police Complaints Commission (IPCC) to investigate the incident.

The High Court upheld the IPCC's argument that, if Daniel Morrison was dissatisfied with the outcome of an admittedly non-independent inquiry currently being conducted by the Metropolitan Police, he could then appeal to the Commission, which had the power to carry out its own investigation.

Mr Justice Nicol said there was also the possibility that the officers involved would face criminal prosecution, resulting in an independent inquiry in the form of a jury trial.

The judge said these considerations were sufficient to fulfil the obligation under Article 3 of the European Convention on Human Rights to investigate independently allegations of "torture or inhuman or degrading treatment or punishment".

He dismissed Mr Morrison's application for judicial review of the IPCC's direction that the investigation should be carried out initially at a local level by the police themselves through their Professional Standards Department.

Mr Morris was driving a friend home in south-west London in June last year when he was stopped by armed officers investigating gun crime. His car window was smashed and he was incapacitated with a Taser, which delivers about 50,000 volts, held against his body.

After being taken to Brixton police station, he received hospital treatment for facial cuts and other injuries. He was never charged with any offence.

The officers, who had suspected Mr Morrison was in possession of a firearm, claimed he was "non-compliant" after being stopped and they had good reason to use the Taser. Mr Morrison insisted he had put his hands up.

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