A police officer’s use of force on a man he tackled at the top of a staircase inside the Kaitaia Police Station was unjustified, the IPCA has found.
Photo: RNZ / Peter de Graaf

• Officer who tackled man used disproportionate force
• Pair fell down stairs and man dislocated shoulder
• IPCA says police shouldn’t have charged man with assault.

A police officer’s use of force on a man he tackled at the top of a staircase inside the Kaitaia Police Station was unjustified, the police watchdog has found.

The man suffered a dislocated shoulder in the incident in April this year and complained he had been pushed at the top of the stairs and punched in the face.

The Independent Police Conduct Authority found the man was inadvertently pushed and should not have been arrested for disorderly behaviour after falling down the stairs, nor charged with assault later.

Police agreed the assault charge was premature and more investigation should have been done first.

The incident occurred after the man, identified as Mr X, and his wife attended a resolution meeting at the station on behalf of their 17-year-old son, who had crashed into a car.

As Officer A read the police summary of facts to both parties involved, Mr X disagreed with the account and began challenging the officer in a raised voice.

“Mr X says he became upset because he felt Officer A was not impartial and lied about his son’s actions.”

A person at the meeting told Mr X to let the officer finish.

“Another witness says Mr then ‘exploded’ and started swearing at everyone, calling them a ‘pack of mongrels’ and ‘c***s’.”

The IPCA said Officer A told Mr X to calm down and he responded by saying: “F*** you (Officer A). He then said to his wife: “F*** this bulls***, I’m leaving, get up (name), let’s go now.”

Officer A followed Mr X out and told him to leave through a side door.

Mr X turned and walked toward the officer and yelled another expletive.

The officer told him to calm down or he would be arrested for disorderly behaviour.

The IPCA said the officer escorted Mr X out by placing his hand on the man’s upper back, which irritated him.

“Officer A acknowledges that placing his hand on Mr X’s back to escort him physically escalated the situation.”

The IPCA said it was unnecessary for the officer to put his hand on the man’s back.

When the pair got to the top of the stairs, CCTV footage showed the man stumbled onto the top step.

The man said the officer deliberately pushed him but the IPCA accepted Officer A inadvertently pushed him through momentum.

Mr X then turned and pushed the officer who reacted by grabbing hold of the upper part of the man’s body, just as the man ducked.

Officer A told the IPCA his bicep connected with Mr X’s head and the authority accepted he did not punch the man in the face.

The officer, a former sportsman, admitted his reaction amounted to a tackle and the pair lost their balance and fell down the stairs.

Officer A then arrested Mr X for disorderly behaviour before the man was taken to hospital with a dislocated shoulder.

However, the IPCA said the man could not be arrested for disorderly behaviour because he was not in a public place.

It also said Officer A should not have been the one to escort Mr X out of the building and his use of force at the top of the stairs when he tackled Mr X was unjustified.

But the authority did not recommend police lay criminal charges against Officer A.

When Mr X complained to police about the use of force, Officer B said he was not sure if he could take the man’s statement because he was a workmate of Officer A’s.

He checked with a superior who said he could but there was no attempt to address or explain a possible conflict of interest, the IPCA said.

Officer B investigated and Mr X was charged with assault and summonsed to appear in court.

The IPCA said the decision to charge Mr X was misguided and he should not have been served a summons.

The authority found police did not appropriately manage Officer B’s conflict of interest.

Northland District Commander Superintendent Matt Srhoj said police carried out an investigation into the complaint alongside the IPCA’s investigation.

He said police found the decision to charge Mr X with assault was premature.

“We acknowledge further investigation was necessary and ultimately we withdrew the court summons.”

Srhoj said police also acknowledged the IPCA’s findings concerning Officer B.

“Police can always learn from situations like this, and we will continue to do so, to ensure our people, and the wider community, are kept safe.”

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