A brutal tussle in a Christchurch custody unit between a police officer and a man is custody has been detailed by the Independent Police Conduct Authority (IPCA), which found the use of subsequent force partially acceptable.
The incident unfolded at 12.30am on 5 June 2020, when a police officer was trying to move an arrested man to another cell.
The man resisted significantly, was "intoxicated, belligerent and had a bleeding cut on his foot. He refused medical treatment for his injury, and to move into another cell when asked," the report said.
While the officer tried to explain at length the need for the man to be moved, the aggression from the man continued and a violent struggle ensued.
Two officers joined the fray in support of the first officer but the situation spiralled.
The officer in the doorway of the man's cell said he believed the man was about to attack him, so he stepped forward and pulled him to the ground to avoid this. Four additional officers were then involved in restraining and handcuffing the man.
During the violent struggle, the man grabbed the officer’s testicles up to five times, the report detailed.
The officer struck the man’s head four times, kneed him in the back and applied force to his neck. Another officer stood on the man’s buttocks for several seconds.
The IPCA's findings, released on Tuesday, said it found the officer was unjustified in pulling the man to the ground for the purposes of protecting himself but was justified in doing so to remove him from the cell after a prolonged negotiation.
"Police were justified in using force to restrain the man while he strongly resisted. The officer’s initial strikes were justifiable as a distraction to stop the man from grabbing his testicles. However, about 30 seconds into the struggle, the officer delivered strong blows to the man’s head while he was pinned to the ground and applied what looked like a chokehold.
“These actions were beyond what was necessary for the officer to protect himself or bring the man under control, and, in my view, were at one stage motivated by anger. The man should have been seen by a doctor after receiving blows to the head, and it is extremely concerning that this did not happen,” said Authority Chair, Judge Colin Doherty.
Canterbury District Commander Superintendent John Price said it was "always unfortunately when police find themselves in circumstances where they must resort to using force".
“This was a situation where a police staff member had to act quickly to protect himself against a person who was intent on physically, aggressively and repeatedly assaulting him.”
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