Police sentence put off

The sentencing of a Whangarei policeman for assaulting a prisoner in the back of a police car has been put off with his lawyer seeking a discharge without conviction for the constable.

Richard Soper, 38, was found guilty in a judge-alone trial in the Whangarei District Court to assaulting Wiremu Henare, now aged 18, on August 27, last year, while Henare was handcuffed in the back of a police car. Soper had pleaded not guilty to the charge.

But Judge Stan Thorburn found Soper guilty of assault and remanded him on bail to appear for sentencing yesterday. The judge did not enter a conviction against Soper.

The sentencing was yesterday put off until February 5, when Soper's lawyer will apply for a discharge without conviction under Section 106 of the Sentencing Act.

Under the Act if a person who is charged with an offence is found guilty or pleads guilty, the court may discharge the offender without conviction, unless by any enactment applicable to the offence the court is required to impose a minimum sentence. A discharge under this section is deemed to be an acquittal.

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 crashing at One Tree Point.

Henare said Soper punched him up to 10 times in the back of the police car.

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. Soper also said he was disgusted at Henare's earlier behaviour in hitting the elderly lady with her walking stick during the home invasion.

Judge Thorburn said he had no doubt that Soper, who had a good record in the police, was angry, aggressive and frustrated with Henare and had lost control of himself.