Accused cop has to wait for judge's call

A Whangarei policeman was accused of punching a prisoner up to 10 times in the back of a police car.

A Whangarei policeman accused of punching a prisoner up to 10 times in the back of a police car will learn his fate in a month, after a judge reserved his decision in the case.

Police officer Richard Soper, 38, is on trial in the Whangarei District Court charged with the assault of Wiremu Henare, now aged 18, on August 27, last year. Soper has pleaded not guilty to the charge.

On the night of August 27, last year, Henare and an associate went to an elderly woman’s home in Maunu and Henare hit the 68-year-old woman several times with her walking stick before stealing her Audi. When police tried to stop him, he took off, reaching speeds of up to 160km/h before the car crashed at One Tree Point after he failed to take a left turn at speed. Henare alleges that Soper punched him up to 10 times in the back of the police car while on the way back to Whangarei following his arrest.

Yesterday Soper denied punching Henare at all, but did admit he pushed Henare’s face in the back of the car as the prisoner had pushed his face into the officer’s face. He also said he swore at Henare and threatened to give him an infringement notice if he continued to undo his seatbelt. Soper also said he was disgusted at Henare’s earlier behaviour in hitting the elderly lady with her walking stick during the home invasion.

Soper also denied that he had told a female police officer shortly after getting Henare back to Whangarei police station that he had “smashed him.”

Soper said in the back of the car Henare undid his seat belt several times and each time as he leaned over to put it back Henare pushed his face into his and seemed angry. He said he pushed Henare’s face with his hands to stop Henare’s head from contacting his and also at one stage held Henare’s head against the car window while he did up the prisoner’s undone seatbelt, but that this was not excessive force.

The officer told the court in his evidence that Henare had told him in the back of the car that he had received injuries to his head from the car crash, but under cross examination from prosecutor Gul Qaisrani, said this was the first time he had mentioned it and he had not put it in any previous statement. He also conceded he had not mentioned in any previous report that Henare had been angry and aggressive.

Mr Qaisrani said none of the other officers who dealt with Henare that night described him as being angry or aggressive and it seemed only Soper had that impression of the man.

In earlier evidence, Constable Denham Kelly, who was driving the police car, said he heard Soper yelling at Henare after Henare would not answer questions the officer was posing, or was mumbling answers. Mr Kelly said he also heard a number of whacks coming from the back seat that sounded like a notebook slapping something. He said he also heard Henare whimpering at times, sometimes around the same time as the whacks.

Soper said he did not know what had caused the noises Mr Kelly heard but they might have been the sound of him slapping his solid cardboard notebook covers together.

Judge Stan Thorburn reserved his decision and will deliver it during the week beginning November 16.