Two cousins who were arrested after filming police in the Auckland CBD were unlawfully detained and then subjected to unjustified force in 2022, an inquiry has revealed.
The Independent Police Conduct Authority (IPCA) investigation found a decision to withdraw obstruction charges, after hours of holding the men, was “not only appropriate, but necessary to avoid police embarrassment and wasting judicial time and costs”.
An officer was later charged with common assault over the arrests, but the case was withdrawn when one of the men involved declined to give evidence.
The authority’s report stated five officers responded to the incident, with the two being the primary focus of the investigation. Both received internal police sanctions.
Investigators determined police had no legal basis for arresting the men on September 25, 2022, after they used their phones to film an assault incident at about 6am.
IPCA chairperson Judge Kenneth Johnston KC said footage showed the cousins were not obstructing police from performing their duties when officers confronted them.
In findings released today, he said officers were not justified in repeatedly pushing one of the men or using force against his cousin in a bus shelter.
The IPCA investigation also found discrepancies between some police accounts and available video evidence, with some officers claiming the men were aggressive and obstructive.
Officers’ actions delayed help for assault victim
The two cousins had been walking past the incident, involving an injured assault victim, when they saw police and began filming from several metres away.
One of the two men was told to “step aside and to afford the man some privacy and not film them” and the man moved aside while continuing to record.
When the man, named “Mr Z” in the report, later shuffled forward to follow police movements, he received a forceful response.
The officer who made the first physical contact told investigators “Mr Z began laughing and lunging his phone at my face recording in an intimidating manner. I began fearing for my safety as [Mr Z’s] phone and fist were within striking distance of my face.”
But investigators found that CCTV footage showed it was the officer who “closed the distance” by moving to within “striking distance” of the man.
The police officer told investigators that he feared for his safety during the encounter, and that led him to use force. The IPCA deemed the explanation “not credible”.
Subsequently, the other man began filming, before he was arrested by another officer.
“We do not accept that either officer feared for their safety,” the report read.
Additionally, after an initial verbal stoush, the IPCA concluded that neither of the arrested men “were obstructing any officer from taking an assault victim to a police car or from officers leaving the scene”.
“Our assessment is that officers had ample opportunity to safely leave,” Johnston wrote.
“We also note that the officers’ actions in carrying out the arrests, delayed an assault victim getting medical attention.”
After the arrests, both men were taken to Auckland’s police custody suite where they were processed on obstruction charges before being released without charge.
The IPCA concluded the force used during the arrests was unlawful because the arrests themselves were unlawful.
The report also found that force used during the arrest of one man would’ve been deemed “excessive and therefore unjustified”, even if the arrest was lawful.
The two men’s phones were also subject to investigation after one was heavily damaged while another was “temporarily lost” before being tracked to an address in Freeman’s Bay.
Findings kept back as police charged officer
The IPCA finished its investigation in July, 2023 — nearly 21 months ago — but held back on publishing its findings as it “waited for police to complete their investigation and take subsequent action”.
Police conducted their own investigation and then charged an officer with common assault on one of the men. The charge was withdrawn in September when the man indicated he wasn’t prepared to give evidence.
“Police then conducted employment processes with Officers A and B which resulted in each officer receiving an internal sanction.
“Police inform us they have undertaken significant work on the workplace practice and culture of this workgroup, to ensure that processes are appropriate and to the expected standard,” Johnston wrote.
Relieving Auckland City District Commander Acting Superintendent Sunny Patel said the charge was withdrawn “when the man did not appear in court to give evidence”.
“Officers can always learn from situations like this one, and we will continue to do so.”
