Officers 'cared well' for man who died in police custody — IPCA

April 4, 2024
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The police watchdog has found officers' decision to have an arrested man's injuries assessed by ambulance staff at the custody unit was justified.

The man subsequently died from a methamphetamine overdose.

The decision follows an Independent Police Conduct Authority investigation into the death of a man while in police custody following his arrest on June 24, 2023 in the Auckland suburb of Mt Roskill.

Police were initially called to reports of a man clutching his chest and trying to open car doors at the intersection of Dominion and Mt Albert roads, in Auckland.

The man — identified only as "Mr Z" in the IPCA report — was "under the influence of methamphetamine" when he was arrested and transported to the Auckland Custody Unit and an ambulance was requested to meet them there to assess the man.

His official cause of death was methamphetamine toxicity, with an underlying heart condition being a contributory factor.

All three officers confirmed to the authority that Mr Z was arrested so that a medical professional could assess him.

'He's quite hot and sweaty'

One of the officers reassured Mr Z that they were going to take him to the custody unit to get help for him. He told Mr Z to stand up and put his hands behind his back, which he did. Mr Z was then handcuffed.

According to the IPCA report, one officer advised NorthComms over the radio: "I know you're struggling for ambos but, if one could get here relatively quickly, it would be ideal. He's under the influence of drugs and he's quite hot and sweaty, he's struggling to control his body and he's very unsteady. He should probably be seen sooner rather than later."

NorthComms responded: "I totally agree, I'll try to get an ETA just stand by."

During the drive to Auckland Hospital, the arrested man became unresponsive in the patrol car.

One officer described hitting Mr Z in the chest "several times to get a reaction and wrapping his arms around him to perform chest compressions".

An officer advised NorthComms to let the medical staff at the hospital know of his condition while another officer performed CPR in the back of the patrol car.

The IPCA ruled that police and custody staff "cared well for the man while he was in their custody".

'This was a tragic event'

The authority said: "Police did not breach the People in Police Custody policy or their overarching duty of care towards the man."

In response to the IPCA finding, police said officers take people into custody every day and they were "more often than not, held without incident".

Auckland City District Commander Acting Superintendent Sunny Patel said: "This was a tragic incident, and my deepest sympathies remain with this man's family.

"The management of people in our care is something we take very seriously, no matter the circumstances," he said.

Police accepted further recommendations made by the authority around wider policy and training considerations, and these have been implemented, Patel added.

The IPCA recommended police provide training to their staff to create awareness around the risks, signs, and symptoms of methamphetamine and other drug overdosing.

As well as this, consideration should be given to taking a detainee directly to a hospital if an ambulance is not readily available.

"Where a detainee has lost their ability to communicate or answer questions, this should be treated as a medical emergency, and the detainee should be taken directly to a hospital," it said.

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