Inmate backs away before being pepper sprayed, CCTV shows

Monday, 22 January 2024

A jury has been shown the moments an inmate, in a special mental health unit, backed into a corner before being pepper sprayed after repeatedly refusing to give up his towel.

“Why did you do this to me? I can’t see brother, please,” the inmate says as he rubs his eyes.

The Crown have told the jury the pepper spraying by a senior corrections officer was unnecessary and disproportionate.

The senior corrections officer, who has interim name suppression, is facing a trial at Auckland District Court charged with assaulting the prisoner with pepper spray. He has pleaded not guilty, with his lawyer telling the jury he was doing his job in difficult circumstances.

On Monday, prosecutor Kristy Li told the jury back in April 2022, the inmate, who also has interim suppression, was housed in the Intervention and Support Unit (ISU), set up for prisoners with high mental health needs.

That morning, the inmate took a shower and was handed two towels. As he came out of the shower, he handed one towel back to a corrections officer, while the other was wrapped around his waist.

While the inmate was waiting for his cell to be cleaned, he walked over to a nearby trolley and picked up another towel and wiped his face and hair, CCTV footage shows.

ISU prisoners aren’t allowed to take towels or other items into their cells for safety reasons, however Li said the inmate was not in his cell at this time.

The corrections officer told the inmate to hand back the towels, he did not comply, instead walked back passively.

“Get on your knees,” the senior corrections officer loudly shouts multiple times alongside another officer.

His body camera footage captures him instructing the inmate saying that if he doesn’t comply he’ll be sprayed.

At this point the inmate is surrounded by a number of corrections officers.

Again, the inmate can be seen backing away passively and gives a towel back to one corrections officer, while still holding another.

Pepper spray is then deployed.

“Drop on your knees, otherwise I’ll spray you again, the senior corrections officer says.

“I can’t see brother, please” the inmate replies.

Corrections officer A, who is not the officer on trial, told the jury he had tried to de-escalate the situation earlier.

“I think he got spooked out by the staff attending the incident…I think he was shocked many staff had arrived,” A said.

A told Li, the inmate then started getting angry after being sprayed and swinging his arms around.

Under cross-examination, A said officers didn’t get specialised training to work in the ISU unit and it was more “on the job” training, however they received refreshers.

Before becoming an officer, they get a one day tactical training session in pepper spray.

Stokes asked A if the use of pepper spray is used if de-escalation has failed.

“When using pepper spray, it’s only for if …your life’s in danger…it’s to protect yourself and your other officers,” A said.

Another corrections officer told the jury the inmate had been getting angry and his emotions were heightened.

“He was given multiple chances to comply,” that officer said.

In her opening remarks to the jury, Li said the use of pepper spray was not reasonable and not proportionate given the circumstances. The inmate was outnumbered and there was no immediate risk to himself or others.

The senior corrections officer should have known not to escalate things, instead he raised his voice and continued advancing on him, Li said.

The defendant’s lawyer, Petrina Stokes, told the jury her client accepted he used pepper spray on the inmate, but was authorised to do so under the Corrections Act.

“He was only doing his job in difficult circumstances as he’d been trained to do,” Stokes said.

The trial before Judge Nevin Dawson and a jury continues.