The police watchdog has rebuked an officer who punched a man three times in the jaw during an arrest.
The incident occurred on the night of December 12, 2022, police said this morning. Officers were responding to a family harm incident at a rural property off State Highway 16 near Auckland’s Waimauku.
The Independent Police Conduct Authority (IPCA) said: “Police were called to the man’s property after he was heard ‘going crazy’ at about 10pm, during an argument with his partner. Before officers arrived, the man left the property, intending to go for a walk to ‘cool off’.
“The two officers who attended saw the intoxicated man walking along the shoulder of State Highway 16, stumbling onto the unlit road.
“One of the officers took the man’s arm to guide him off the road. In response, the man swung his body and arm around, which the officers believed was an attempt to hit the officer.
“The second officer tackled the man to the ground, and he was arrested for assault.”
The IPCA found the tackle and arrest were justified, and the use of low level force to control the man on the ground was reasonable.
“The officers genuinely and reasonably believed the man had attempted to hit the officer,” the IPCA said — even though “the authority found it plausible that the man was trying to break the officer’s grip on him, rather than deliberately trying to hit him”.
But the authority admonished one of the officers over what happened next.
“Once in the patrol car, the man headbutted the window and spat at the officer who had tackled him to the ground. The officer punched him in the jaw three times,” the IPCA said. The man’s partner complained about the incident.
“The authority found punching the man three times forcefully in the head was a disproportionate and excessive use of force.
“The officer had less-forceful options available to him.”
The investigation was completed earlier this year.
The release of the results was delayed until court proceedings related to the incident were complete.
Police acknowledge results
In a statement, police acknowledged and accepted the IPCA’s findings.
Inspector Stefan Sagar, Relieving Waitematā District Commander, said a 41-year-old was convicted in the Waitākere District Court earlier this year for one count of assaulting a police officer.
“Both officers remain members of New Zealand Police,” he said.
