AOS use of Taser during 2017 arrest unjustified and excessive, IPCA report finds

November 29, 2018

The Armed Offenders Squad's (AOS) were justified in using a Taser and two police dogs to subdue a man before arresting him last year but additional charges were found to be unjustified and excessive, an Independent Police Conduct Authority (IPCA) report has found.

It comes after the Waikato AOS requested multiple times for a man, who was acting erratically under what was believed to be the influence of methamphetamine, to come out of one of two properties being searched by the officers in Kawhia in July 2017.

The three officers involved were uncertain as to whether the man was armed and each took action to restrain him before his arrest.

One of the officers released a police dog who bit the man during the incident, but the dog was fought off. A second officer then released a another dog, which bit the man on the leg, after which another officer discharged his Taser.

The third officer discharged the Taser twice more before the man was handcuffed.

The IPCA investigation found that the first two officers had acted lawfully in their attempts to subdue the man with police dogs.

It found that the first officer's use of the initial police dog was in line with the law and police policy, while the release of the second officer was justified in using his dog to assist the first one.

The IPCA accepted that the third officer had discharged his Taser on the first occasion out of fear for his safety and was unable to determine that the dogs had control of the situation. However, it found that the officer's continued use of the Taser was unjustified and excessive as the man was attempting to comply with police after being tased the first time.

Police have accepted the findings in the report.

Waikato District Commander Super Intendent Bruce Bird said, "We acknowledge that the officer who discharged the taser considered a range of factors, however we accept the finding that the use of force was not proportionate after the first use.

"Our staff work in a dynamic environment and regularly have to make difficult decisions in seconds.

"This has highlighted that we have work to do around the coordination, communication and use of multiple tactical options when apprehending an offender."

SHARE ME

More Stories