An Edmonton police constable accused of using a Taser stun gun on a drunk teenager in 2002 lost his bid Friday to have his disciplinary charges dismissed.

Const. Mike Wasylyshen faces five charges under the Police Act, including two counts of unlawful or unnecessary use of authority and three counts of insubordination.

Wasylyshen is accused of using a Taser repeatedly on Randy Fryingpan, who was then 16 and passed out in the back of a car.

Wasylyshen's lawyer Bob Hladun argued the delay in resolving the charges was unfair to his client and should justify a stay of proceedings.

"It's prejudiced and the presiding officer acknowledges the prejudice," Hladun said. "We're nine years into it and it's going to probably continue on."

The decision to continue was supported by Derek Cranna, the lawyer representing Edmonton Police.

Const. Mike Wasylyshen appeared at his disciplinary hearing in Edmonton Friday. CBC"We do believe that the seriousness of the issue does merit a hearing, that it is in the public interest to do so, and we're very pleased that it will be proceeding on that basis," he said.

The presiding officer at the hearing also decided to enter a provincial court judge's decision on the incident into evidence.

In 2005, Judge Jack Easton called the actions of Wasylyshen and his partner "cruel and unusual" treatment and ruled they violated Fryingpan's rights under the Charter of Rights and Freedoms.

Fryingpan's friends could not be located to give testimony at Wasylyshen's disciplinary hearing. But they did appear in 2005.

Cranna wanted testimony from that hearing to be entered into evidence. Wasylyshen opposed the use of that testimony because his lawyer would be unable to cross-examine the witnesses.

Fryingpan, now 25, told the disciplinary hearing last fall that he recalls little of what happened. He only remembers being handcuffed by police and spitting up blood.

Wasylyshen testified Fryingpan appeared coherent at the time. He said he deployed the Taser after Fryingpan hit him.