A police officer's choice to bring an aggressive man to the ground was justified, the Independent Police Conduct Authority (IPCA) has found, but the technique used to restrain the man has been called "inappropriate and dangerous" after he died the following day.
Peter Boy Tuhi had parked his vehicle in the Levin Cosmopolitan Club carpark before going to a nearby bar on December 21, 2021.
Tuhi later returned to his car while intoxicated and found a member of the Cosmopolitan Club parked near his car. He began shouting and banging on the car window, with the man inside saying, "I'm on the phone; go away, please".
The 67-year-old tried to open the car door, but the man had locked the doors.
Tuhi became increasingly aggressive towards the man and when he tried to get away, Tuhi pushed him and ripped his shirt.
An employee called the police, saying Tuhi was aggressive, drunk, refused to leave the carpark and had assaulted a member.
An officer who arrived at the scene attempted to talk with Tuhi, unaware he was hearing impaired.
Tuhi pushed the officer twice in an effort to get past him and move closer to the club member.
It was here the police officer told Tuhi he was under arrest for assault.
The officer attempted to handcuff the man, but was only able to get one arm restrained.
As the man continued to be difficult to restrain, the officer took him to the ground.
Crouching down, the officer looped his arm around Tuhi's leg while continuing to restrain his left wrist. The member, meanwhile, grabbed Tuhi's right arm in an effort to assist.
The officer lifted Tuhi's leg at a "steep angle", causing him to fall forward "with his head and body horizontal" before hitting the asphalt headfirst.
With both hands restricted, there was no way for him to break his fall.
The technique "resembled a rugby 'spear-tackle'", the report said.
It was later found the officer had used a similar technique previously.
Realising the man was seriously injured, the officer called for medical assistance immediately. However, Tuhi died the next day as a result of serious head and neck injuries.
Following an investigation, the IPCA found the officer was justified in his decision to bring the man to the ground but called the technique of lifting him by the leg without a free hand "dangerous and irresponsible".
"The technique Officer A chose to use to take Mr Tuhi to ground, was dangerous and had disastrous consequences. The force used was disproportionate and unreasonable given the level of resistance and risk posed by Mr Tuhi," the report said.
However, the police watchdog was "satisfied" with the officer's decision to immediately call for medical care.
In the report, the officer was apologetic for the incident, saying he regretted his actions.
"I have struggled to come to terms with the unfortunate death of Mr Tuhi. It was never my intention to see Mr Tuhi come to any harm, and that he did is a source of great regret to me."
Police response
Police have acknowledged the IPCA's findings, calling the incident "incredibly tragic".
"It affects not only the deceased’s family, but the officer themselves, their family, as well as their Police colleagues," Superintendent Scott Fraser said.
They said that while the technique used by the officer "differed slightly" from standard methods, the nature of attempting to restrain an aggressive person means decisions need to be made in the moment.
"As the report notes, Officer A had successfully used a similar tactic to restrain others on previous occasions," Fraser said.
"However, a series of circumstances in this instance have regrettably resulted in Mr Tuhi’s death.
"This includes the fact that Officer A did not know that Mr Z had taken hold of Mr Tuhi's other arm, which directly impacted the way Mr Tuhi fell."
"This is the worst possible outcome to a situation Police encounter every day - taking someone into custody - and our thoughts remain with Mr Tuhi's whānau."
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