The Independent Police Conduct Authority says Wellington police were justified in tasering an armed man who received a serious head injury after he fell onto the road.
Police were called to reports that a man, who was armed with a blade from a pair of hedge trimmers, had trapped a woman and her baby in a bus-stop on Cockayne Road in Khandallah just after midday on 9 January.
One person who called police told operators the man – referred to in the report as Mr Z – was “out of control”.
“I’ve got a situation at bus stop 4411 on Cockayne Rd. I’ve got a bleeding woman with a distraught child. I’ve got a man who’s out of control, he’s violent, he’s tearing up the bus stop,” the caller said.
The authority’s report said “a hacking sound” could be heard over the line as the man struck the bus-stop.
Five police surrounded the bus-stop and the woman was able to slip out with her child as an officer attempted to speak to the man.
As the man tried to follow the woman onto the road an officer fired their Taser but the weapon appeared to have no effect.
“[The man] stopped and turned to face the officers, as though he was preparing to confront them. At this point, [he] was approximately three to four metres away from the officers, holding the bladed weapon at a 45-degree angle,” as outlined in a summary of a witness’s cell phone footage.
Officers yelled “Taser! Taser! Taser!” and the footage recorded two loud bangs as two officers fired their Tasers at the man.
“In response, Mr Z became rigid and fell to the ground. His head hit the tarmac surface of the road. This interaction lasted about five seconds from the moment Mr Z started following [the woman], until he fell to the ground,” the report stated.
Judge Kenneth Johnston KC said police acted out of genuine concern for the safety of the woman and child, themselves and other bystanders.
“The video footage shows that Mr Z adopted an aggressive stance, looking as if he was preparing to fight with the officers. Communication with Mr Z was ineffective. Officers cannot be expected to use open-hand tactics against someone armed with a bladed weapon. Mr Z was using the weapon in a threatening manner. Additionally, Officer B correctly assessed that four metres could be quickly closed and locked by Mr Z, which would put the officers at significant risk,” Johnston wrote.
He said officers wasted no time in requesting medical attention for the man once he had fallen.
“Police radio transmissions record that at 12.07pm, Officer A informed Comms that Mr Z was tasered.
“Sixteen seconds later, Comms was informed that Mr Z had sustained a serious head injury, and a request for an ambulance was made. Comms informed the officers that an ambulance had already been contacted… and was en route to their location,” Johnston wrote.
Mr Z told the IPCA he suffered a brain injury from the fall and he consequently did not remember what happened on the day. “While we do not have medical evidence available to us, we accept that Mr Z suffered an injury to his brain when he fell.”
Johnston concluded he was satisfied the officers had followed police policies on Taser use and were justified in their actions.
In a statement, acting Wellington District Commander Inspector Nick Thom said officers assessed the situation and responded accordingly, to ensure the safety of the public.
“Officers deployed their tasers to stop a dangerous situation evolving into something that could have been much worse. Our officers have made good decisions and the IPCA investigation supports that,” Thom said.
Shortly after the incident, Detective Senior Sergeant Tim Leitch confirmed the child was uninjured and the woman had been treated for a minor injury.
The IPCA report said the woman suffered a deep cut to her thumb when – at some point – she pushed the man’s weapon away from her.
rnz.co.nz
