Arrest actions justified, officer acted in self-defence: Authority

Two Gisborne police officers used reasonable force to arrest and restrain a man after he assaulted an officer, the Independent Police Conduct Authority has found.

On May 27 last year, police were called to a party at an address outside Gisborne, where two men were reportedly fighting.

In a media release, the Authority stated that upon arrival police found there was no fighting and both men were not injured.

The men and other party-goers did not want to tell the officers what had happened.

However, the occupier of the property wanted one of the men to be removed.

The man agreed that police should take him to his home address and walked with them to a patrol car.

At the patrol car, the man walked on and an officer stopped him to ask where he was going, the Authority stated.

The man grabbed hold of the officer’s body armour and pushed him against the patrol car.

In response, the officer took the man to the ground.

The man resisted the arrest, kicking his legs and an officer placed her foot on one of the man’s legs to restrain him.

The man was lifted up and it became apparent that he had sustained a leg injury.

Police later released the man. After his release, the man went to hospital where he was diagnosed with a fracture to his knee.

The Authority found that the man was lawfully arrested for assaulting a police officer, and the officer was justified in taking the man to the ground in self-defence. The Authority also found that the officer who placed her foot on the man’s leg, was justified in doing so to overcome his resistance.

Police looked at the man’s injury and he asked to leave with family members, saying he would take care of the injury himself.

“We found police appropriately dealt with the injury,” the Authority said.

Authority chair Judge Kenneth Johnston KC said: “This suggests to us, that the fracture to Mr X’s knee was likely sustained when Officer B used a twisting motion in taking Mr X (still in a standing position) to the ground.

“The injury was thus an unforeseeable consequence of the force used.

“The manner in which Officer B took Mr X to the ground was not out of the ordinary, or on the face of it, dangerous,” Judge Johnston said.

“We conclude that the force Officer B used was reasonable and proportionate in the circumstances as he believed them to be.”

Tairāwhiti area commander Inspector Sam Aberahama said police acknowledged the findings.

“This was a situation where an officer was suddenly assaulted and took appropriate action both to defend themselves and to safely effect an arrest.”