An Auckland police officer was rebuked today by the Independent Police Conduct Authority for Tasering a man twice - re-energising the weapon and using it again after the suspect had already fallen to the ground.
The incident took place in the Auckland suburb of New Lynn in February 2017, after police had been told a group of seven men were drinking at Olympic Park and threatening members of the public.
"After using a Taser on someone, Police should provide a reasonable opportunity for that person to surrender and obey their instructions before they use further force," Judge Colin Doherty, the IPCA chair, said in a statement that accompanied the 20-page report .
"Mr X was not given that opportunity," he said, using a pseudonym for the man who was arrested.
The group's ire turned on police when they were told to leave the park, according to the IPCA report.
"F*** off, pig," the man who was eventually Tasered was alleged to have said before opening another beer in front of officers and "posturing for a fight".
Wearing a gang insignia, the man seemed to be prompting his mates to action as he threatened, "F*** the police, I'll take you on one on one," the report continued.
He and several others were initially pepper sprayed - a move that the IPCA approved as necessary for the situation.
The police watchdog also approved the first use of the Taser, which the officer said was necessary to stop an assault on themselves while "alone in the dark with seven drunk, athletic and aggressive" people.
"TaserCam footage shows Mr X momentarily rolling to his right side, and then onto his back again," the report states. "When Mr X rolled onto his side, Officer A pressed the arc button on his Taser and delivered another burst of electrical current to Mr X through the probes."
The officer later told the conduct authority he was looking at the weapon's arc button and didn't notice the man rolling over onto his back. He said he thought a second jolt was the best way to neutralise a situation in which the man seemed determined to continue being "grievously assaultive".
The man later received diversion for charges of assaulting police, resisting arrest and disorderly behaviour.
In a separate statement today, Superintendent Karyn Malthus, who serves as the Auckland City District Commander, said police accept the conduct authority findings. But she did so with a caveat.
"Our police officers are put in high-pressure situations on a daily basis where they are forced to make quick decisions, often in the face of danger," she said. "...It is important to view this in the context of what was an extremely volatile situation..."
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