Police use of Taser and pepper spray on woman unjustified, watchdog says

Tuesday, 6 October 2020

Police officer Sean Doak was convicted and discharged following the incident.

A police officer who used a Taser three times near a woman and pepper sprayed her was unjustified in his actions, the Independent Police Conduct Authority (IPCA) has found.

Officer Sean Doak, was convicted after the incident, which took place just before midnight on September 16, 2017. He appealed the conviction and it was quashed by the High Court in July 2020.

Doak and some other officers pursued a fleeing driver through Auckland, according to the IPCA report.

The pursuit ended in the SkyCity carpark when the male driver ran from the scene while the female passenger stayed in the car.

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Doak approached the car and aimed his Taser at the woman before pepper spraying her, the IPCA said.

Another officer then dragged her by the leg across the carpark floor where she was restrained by two officers.

Doak used his Taser to intimidate the woman while she lay restrained on the ground. He held it near her head and asked for the identity of the driver.

The IPCA has found the use of a Taser three times in the proximity of a woman and using pepper spray on her was unjustified.

He used his Taser for a third time by arcing it while the handcuffed woman sat in the back of a police patrol car.

Authority chairman Judge Colin Doherty said Doak’s actions were “inappropriate, oppressive and threatening” to the woman.

“He failed to act in a manner that would be reasonably expected of a police officer,” Doherty said.

Chief Inspector Karyn Malthus said one of the officers involved had criminal charges brought against him.

The authority also found it was unnecessary for the woman to be dragged across the carpark.

Auckland City district commander Superintendent Karyn Malthus acknowledged the IPCA findings and said Doak was subject to a criminal investigation into the incident.

Doak, was found guilty of presenting a restricted weapon and received a discharge without conviction on appeal.

At his sentencing, Judge Noel Sainsbury said the officer had shown 'poor decision-making” when he pointed and arced [cocked] his Taser at the woman who had already been pepper-sprayed and handcuffed during her arrest.

“I believe police have shown by our actions in charging the officer that we do not accept the type of behaviour that was shown during this incident,” Malthus said.

“It was well below the standard our community expects of us and completely out-of-line with our police values.

“This matter was brought to police’s attention by another officer and I commend them for coming forward so it could be fully investigated.”

Doak remains working for police on restricted duties and an employment investigation remains ongoing.

“For this reason, we are not in a position to comment further,” Malthus said.