The force used by a police dog handler, including a kick to the head, was “justified” while arresting a suspected fleeing burglar in Hastings last year, the police watchdog has found.
The decision comes after an Independent Police Conduct Authority Investigation into the violent struggle that occurred during an arrest in Hastings on September 20, 2023.
Police received a 111 call from a resident who said an unknown man was inside their house and refusing to leave.
Attending officers located the man on the street where he fled from police. The man was known to the dog handler from a recent intelligence report which warned he was reported to have carried weapons.
The handler released the dog to apprehend the man after he failed to follow instructions from the officers to stop. He ran after the dog, keeping it in sight as it bit one of the man’s hamstrings as he tried to jump over a fence.
The man wrestled the dog from his leg, holding it by the jaw with both hands. Unsuccessful attempts by the handler and a second officer to break the man’s grip led the handler to resort to punching the man in the head. The man then moved a hand to his waistline, which led the handler to believe he was reaching for a weapon.
As the second officer maintained a hold on one of the man’s arms, the handler used the dog to bite his other elbow. The man reacted by head-locking the dog and throwing the handler off him.
At this point, the handler believed he saw a knife tucked in the man’s waistband and kicked the man in the head after fearing he would use the knife. A third officer arrived to assist with handcuffing the man, who still fought to get to his feet.
The handler used the dog to bite the man’s leg, allowing the officers to restrain him. He was given aftercare by officers for serious injuries sustained in multiple dog bites before being taken to hospital.
The Independent Police Conduct Authority said its view is that in all but extreme cases a kick to the head will be an unjustified use of force given the risks involved.
“However, on Officer A’s evidence that he saw the knife and reacted to that risk, we accept that he believed he had no other option,” wrote IPCA chairperson Kenneth Johnston KC.
“It remains a matter of concern that Officer A did not alert his colleagues to this risk at this time.”
In response to the IPCA report, relieving Eastern District Commander Inspector Lincoln Sycamore said he wanted to acknowledge the officers, in particular the dog handler, who resolved the incident under “really dangerous” circumstances without injury to police.
“Police officers must make quick decisions in unpredictable and dangerous situations.
“While they would prefer not to have to use force – there are times, such as this, where it is necessary to ensure the safety of the community and police staff.”
