Eagle helicopter footage shows moment police used 'excessive force' in arrest
Wednesday, 2 October 2019
A man punched repeatedly in the face by a police officer while three others restrained him is considering legal action.
The police watchdog found a constable punched the man 'at least six or seven times in the face while holding a torch in his hand' during the arrest at Red Beach, north Auckland, in late 2018.
When the punching happened, the 35-year-old was restrained on the ground by three officers in a headlock and unable to defend himself, according to Judge Colin Doherty of the Independent Police Conduct Authority (IPCA).
The man was left with a concussion, a broken nose and ongoing physical, cognitive and psychological effects, Doherty said in his finding.
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But police disagreed with the IPCA's finding, after their own investigation found the use of force was justified, and no further action will be taken against the officer involved.
The arrested man, who did not want to be identified, told Stuff he's now considering a private prosecution against the constable.
At the time of the incident at around 4am on November 2, 2018, police were arresting the man on suspicion of burglary.
He has since pleaded guilty to assaulting police, possessing methamphetamine, and a number of burglary charges, and will be sentenced this month.
Police Eagle helicopter footage of the arrest, obtained by the man and given to Stuff, appears to show two officers pinning him to the ground, while two more arrive to help. It's the third officer who arrives on the scene that the IPCA says punched the man.
Towards the end of the footage, an officer can be heard asking for an ambulance for the constable, who broke his finger during the arrest and went to North Shore Hospital for treatment.
Hours later, while the man was being held in the cells at Orewa Police Station, officers became concerned about his condition and called an ambulance, according to an officer's statement about the incident.
He was spitting blood and moaning in pain, the statement said, and he was taken to North Shore Hospital in an ambulance at around 8am.
The man told Stuff he would like to see the constable 'held to account for his actions'.
'I am not being malicious. I just want justice. I suffered concussion and have had ongoing effects from this. I still get fatigued very easily and cannot concentrate on anything for very long,' he said.
The IPCA investigation concluded the constable assaulted the man. But it has no jurisdiction to bring a prosecution against the constable, and it can't direct police to do so. Instead, it recommended to the Police Commissioner that employment proceedings be commenced against the constable.
Police would not be drawn on whether that had happened.
Waitematā District Commander Superintendent Naila Hassan said police conducted a thorough investigation and decided there was insufficient evidence to prosecute the constable.
Police also took the further measure of seeking an independent review by the Auckland Crown Solicitor, who supported their finding, Hassan said.
'Our investigation involved reviewing Eagle footage, interviewing police staff involved as well as members of the public who witnessed the incident. We have taken all of this on-board when making our decision.'
She said the arrested man 'punched a constable multiple times in the face and knocked a female police officer to the ground' during his arrest.
The officer who the IPCA says assaulted the man 'immediately jumped on top of the offender' and during the 'ongoing violent struggle', punched the offender in the face a number of times to bring him under control, Hassan said.
The man said he didn't understand how police could disagree with the IPCA's finding and refuse to take further action.
'What's the point in having the IPCA make a finding if police can pick and chose what result suits?'
The man's partner, who also didn't want to be identified, said he 'isn't the same person he was before that night'.
'He doesn't sleep well, his reactions are delayed and he has trouble concentrating which is upsetting for us to watch.'