By NAOMI LARKIN
A police constable lost his temper and assaulted a man with a torch, pepper spray and his fists, a crown prosecutor told the Auckland District Court yesterday.
Joshua Daniel Dorday, aged 26, pleaded not guilty to two counts of assault with a weapon - his police issue torch and capsicum spray - and one of common assault.
All charges relate to Dorday's arrest of Ian Ramsey Cherney on November 10, 1998.
In his opening address yesterday crown prosecutor Roy Wade said that as a police officer, Dorday was entitled to use "such force as is reasonably necessary to take a person into custody but no more than is reasonably necessary."
But when he arrested Mr Cherney, Dorday used "totally unnecessary and excessive force out of temper."
Mr Wade said Dorday and his colleague, Constable Tina Parsons, were called to an inner-city carpark on the afternoon of November 10 because Mr Cherney and a friend had been spotted allegedly stealing goods from vehicles parked there.
After a high-speed car chase involving the police and Mr Cherney's vehicle, during which his friend drove through red lights and on to the footpath, Mr Cherney abandoned the van and ran alongside the railway tracks near New North Rd.
Mr Wade said Dorday ran after him.
Mr Cherney realised "the game was up"and knelt down with his hands behind his head.
When Dorday reached him he pushed Mr Cherney on to the ground so that he lay face down on the rocks beside the track, and then handcuffed his hands behind his back.
Angry with the way the van had been driven, Dorday stood on the back of Mr Cherney's head, sprayed him with pepper spray and used his torch as a baton, hitting him about the head, Mr Wade said
Other officers arrived and Mr Cherney was put into the back of a police car with Dorday on one side, another officer on the other and two more in the front seat.
In the car, Dorday verbally abused Mr Cherney and punched him several times during the journey to the Central Police station, Mr Wade said.
Under cross-examination by defence lawyer Richard Earwaker, Mr Cherney denied that he was lying about the facts of the arrest and Dorday's alleged assault in an effort to avoid prison.
Mr Earwaker told Mr Cherney that he already had a suspended prison sentence and was facing a fresh 20 charges after November 10, and so he concocted the assault story to get off these charges.
Mr Earwaker: "Your lawyer told you these charges could go if there was a problem with your statement, didn't he?"
Mr Cherney: "No. He said I would probably go to jail."
Mr Cherney said he had made his statement under duress. The charges have since been dropped. Mr Cherney did not lay a formal complaint until June 3 1999.
The trial, before Judge Michael Hobbs and a jury, is expected to run into next week.
Constable lost temper after chase, court told
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