Constable gives evidence against senior in trial

Police sergeant Martin James Folan is on trial at the Auckland District Court on various assault charges. Photo / Brett Phibbs

A police constable has started giving evidence against his former senior officer who is on trial for allegedly assaulting five prisoners.

Sergeant Martin James Folan has pleaded not guilty in Auckland District Court to six charges of assault and one of injuring with intent to injure.

One of the more serious allegations is that Folan kneed a man in the groin while he was in custody, leading to him losing a testicle.

Giving evidence about another incident, Constable Reuben Jakich, who worked with Folan at Henderson police station in west Auckland, said he was called to nearby Glen Eden where the accused was interviewing a group of teenage boys about reports of letter boxes being vandalised in the area.

Mr Jakich said Folan was acting aggressively towards the teenagers, particular towards then 16-year-old Finn Campbell, who was standing up to the officer, telling him "I know my rights".

The constable said he did not hear Folan read the teenager his rights when Folan handcuffed him and placed him in a police car.

He said he heard the boy shout "hey, he just hit me in the head" but did not see the alleged assault.

Finn Campbell's father, James Campbell, told the court yesterday his son was "bordering on hysterical" when Folan dropped him home.

"As soon as the car door was opened he was shouting, 'he elbowed me in the face'. We tried to calm him down, he ran off into the house but he was determined to lay a complaint."

Mr Campbell said his son had never been in trouble before and doubted he would have been abusive to the officer.

Folan had told Mr Campbell he had accidentally knocked the boy's head when leaning into the car to adjust the seatbelt.

Mr Jakich is expected to give evidence about three other incidents he witnessed.

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