Independent Police Conduct Authority slams investigation after cop struck two youths who were not resisting arrest

The watchdog says police “pre-emptively exonerated” the officer, and appeared to have “no regard” to their view on the investigation. Photo / NZPA

The police watchdog has heavily criticised an investigation into an officer who was captured on CCTV striking two youths who were not resisting arrest.

The Independent Police Conduct Authority (IPCA) says the office was “pre-emptively exonerated”, and the police appeared to have “no regard” to their view on the investigation.

The watchdog released a summary of the investigation on Thursday.

According to the summary, the incident occurred on December 18, 2021, when police were searching for five youths who were suspected of committing a ram raid on a shop in the Bay of Plenty.

The group had abandoned their car and fled, with police pursuing on foot and in their cars.

“When police encountered one of the youths, an officer took him to the ground by force to arrest him,” the IPCA said in its summary.

“Having done so, the officer struck the youth several times with his hand, fist, and knee. The officer also walked over to another young person who was being held face-down on the ground by another officer, and struck him at least twice with an open hand.”

The IPCA said the officer’s actions were recorded on a nearby traffic camera. Neither of the youths were resisting arrest when they were struck, the IPCA said.

“The officer was subsequently charged (but only after the authority had disagreed with the initial police decision that the force used was justified).

“However, the charges were later withdrawn on the advice of the Crown Solicitor. Almost immediately after that decision, police decided that the officer should not face an employment process.”

The IPCA said it raised concerns with the police once it became aware of the decision, as it believed that the threshold had been met for an employment process.

“In the authority’s opinion, police have pre-emptively excused the actions of an officer which, at the very least, reached the threshold justifying an employment investigation.

“The authority is strongly critical of the decision by police not to initiate an employment investigation into the actions of this officer.”

The IPCA believed the use of force was not justified.

“It is also concerning that police appear to have had no regard to the authority’s view, and offered no reasonable explanation as to why no employment action was taken.”

IPCA chair Judge Kenneth Johnston wrote a letter to Police Commissioner Andrew Coster regarding the investigation.

“Despite what appears to be clear evidence of misconduct, if not serious misconduct, by an officer, and despite an internal recommendation to initiate an employment investigation, police have pre-emptively exonerated [the officer],” Johnston wrote.

“It must be beyond argument that police should be held to the same standard of behaviour as the public and, in our assessment, the public would be unlikely to accept that this has happened here.”

Bay of Plenty district commander Superintendent Tim Anderson said in a statement to the Herald that the police acknowledged and accepted the IPCA’s findings.

“The officer in question is no longer employed by police,” Anderson said.

Sam Sherwood is a Christchurch-based reporter who covers crime. He is a senior journalist who joined the Herald in 2022, and has worked as a journalist for 10 years.