An officer "unnecessarily" punched and kicked a man in an Auckland custody unit while he was restrained by other officers, the police watchdog has found.
The man had assaulted the officer as he arrived at a cell in the Counties Manukau custody unit ahead of a court hearing in August 2021.
It stemmed from a "grievance" which the man, known as 'Mr X', had over an alleged assault by another custody officer in June which wasn't investigated, the Independent Police Conduct Authority said.
In the August incident, Mr X lashed out at 'Custody Officer A' as he arrived at the cell, punching him "four or five times around the head".
The officer struck back at Mr X during the scuffle and continued to punch and kick him despite three officers having restrained Mr X. The IPCA noted that despite having been shepherded away from the scene, Officer A had returned to inflict blows to Mr X.
"Custody Officer A's strikes at Mr X appear deliberate, and delivered with intent", the IPCA said of CCTV footage of the incident.
"Shouting 'don't ever f***ing punch me', and being described as 'rarked up' is the picture of a man angered that he had been assaulted without reason or warning, not one rendered unaware of his actions" — Officer A had been diagnosed with a concussion following the incident, with police reportedly saying the IPCA hadn't given enough consideration to this.
"Police have not provided any evidence that a concussion would have had any relevant effect on, or have caused, Custody Officer A's behaviour," the IPCA said.
The IPCA found Officer A was justified in striking Mr X in self defence when he was first attacked, but wasn't while Mr X was being restrained.
The police, however, had concluded the officer didn't use excessive force and it hadn't made a connection between the June and August incidents, the IPCA said.
"On receipt of the Police investigation findings, the Authority decided that the Police investigation had reached an incorrect conclusion."
The June incident
In June 2021, Mr X had been transferred from prison to the South Auckland custody unit for a court hearing.
He told the IPCA he was arguing with a custody officer after asking for a newspaper, and was subsequently taken out of his cell and assaulted in the corridor by two staff members, receiving a bloody nose.
The authority found that Mr X took proper steps by reporting the incident to a sergeant, who then referred the incident to the sergeant in charge of court-side cells, but no further inquiries were made from there.
"In the absence of any corroborating evidence... we are unable to conclude whether or not Mr X was assaulted by custody staff," the IPCA said in its report.
"Police should have investigated this serious allegation at the time it was made, especially given Mr X's visible injuries and with the knowledge that securing evidence, such as CCTV footage, was time sensitive."
The IPCA noted: "Whatever happened on 9 June 2021, Mr X says he was left with a sense of grievance so great he decided to assault a custody officer when he returned to the Custody Unit on 11 August 2021."
Relieving Counties Manukau District Commander Matt Srhoj acknowledged the findings, accepting that the June 2021 claim was mishandled.
"Police received a complaint from someone being held in the Custody Unit that they had been assaulted by a custody officer. Police accept the matter was not followed up in the correct manner at the time," he said.
"As a result, we are in the process of making improvements to the complaints process."
Srhoj noted that the officer in the August 2021 incident struck Mr X while he was restrained, but provided little commentary, citing an ongoing employment investigation.
"We acknowledge the IPCA found the custody officer was justified in the initial striking of the individual during the August attack, before he was restrained," he said.
"As a result of the incident, the custody officer received medical treatment following the incident where he was diagnosed with concussion."
The IPCA also said it noted "with some concern that this matter is bookended by inadequate Police inquiries. In stark terms, by their inaction on 9 June 2021, Police ignored Mr X's allegation of assault, and the subsequent Police investigation effectively excused Officer A's use of force on 11 August 2021".
SHARE ME