111 caller in court over assault charge

Timothy Croft. Photo / Greg Bowker

A man called 111 after being punched in the mouth by his neighbour and ended up on his driveway being kicked by two police officers, says his lawyer.

Timothy Croft has been charged with injuring with intent to injure.

He pleaded not guilty yesterday at the Auckland District Court.

Crown prosecutor Mina Wharepouri told the court police were called to a neighbourhood dispute in May 2008 and told both neighbours not to visit each other's properties.

Mr Wharepouri said Croft responded by yelling and swearing at police before kicking and punching an officer.

Croft's lawyer Steve Cullen said his client was punched in the face by his neighbour. He had called 111 for help but instead was beaten by the police.

Constable Sarah Lord was one of two officers who went to Croft's Glen Eden home at about 11pm.

She told the court that she spoke to Croft's neighbour who said he had punched Croft in the lip after Croft had come over to his house and tried to kung fu kick him.

Ms Lord said she went back to Croft's house where he was standing on the driveway and told him not to go back to his neighbour's or he would be arrested for trespass.

She told Croft's lawyer, Steve Cullen, that his client looked "agitated and intoxicated" and confirmed that Croft did not appear to be pleased with the police response.

"He said: f***ing pigs, you never listen," Ms Lord said.

Mr Cullen asked if Ms Lord and her partner had told Croft to "shut up and go inside".

Ms Lord said that was not the case and that Croft walked towards police with his fists clenched. Croft was then told he was under arrest.

"He was yelling and screaming," Ms Lord said.

Mr Cullen said witnesses will say he was yelling: "help me, help me". Ms Lord said she could not recall that. "I do recall him saying: 'I will fight you to the end'," Ms Lord said.

She said Croft was wrestling with her partner on the ground and she was trying to pin down his legs when she was hit from behind by Croft's girlfriend.

Mr Cullen said Croft was pepper sprayed by police in his open split lip. Ms Lord said that was not true - Croft's girlfriend was pepper sprayed but not Croft. She said Croft kicked her four times to the thigh and chest area while he struggled on the ground and later punched her in the face.

Mr Cullen said: "When Croft was pushed to the ground by [your partner], I put it to you that you and [your partner] leaned over him and kicked him." Ms Lord replied: "I never kicked him."

She told the court she was left with bruising to the side of her head, cracked teeth and a damaged crown that required dental treatment.