Constable says boss 'kneed' prisoner

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

A police constable went to his superiors to tell them of an alleged assault by his boss only after he discovered the victim had his testicle removed.

Constable Reuben Jakich was giving evidence in the Auckland District Court against his former boss Martin James Folan, who has denied six charges of assault and one charge of injuring with intent to injure.

Folan was a sergeant at the Henderson police station and is accused of bashing five prisoners between October 2009 and January last year.

One of his alleged victims, Joseph McGee, had to have a testicle surgically removed.

Mr Jakich confirmed under cross-examination that he went to his superiors after he delivered court documents to Mr McGee and learned of his operation.

He said Mr McGee believed he had lost his testicle as a result of a fight with gang members. However, Mr Jakich told the court he had seen Folan give Mr McGee "a good knee in the guts".

"As he was attempting to stand on our feet, I witnessed Sergeant Folan bringing his knee up into what I think was Mr McGee's lower stomach and winding him in the process," Mr Jakich said.

He said he had arrested Mr McGee earlier on the morning of January 8 last year for disorderly behaviour. He had been called to The Concourse in West Auckland, where he found Mr McGee drunk and "grunting and making animal-like noises" in bushes.

An ambulance had been called to the scene after reports that Mr McGee had been beaten up by a gang.

Mr Jakich said he had to restrain Mr McGee while ambulance staff checked the prisoner briefly. He said that apart from some scratches on his face, Mr McGee appeared uninjured.

Mr McGee has previously told the court that he was set upon by up to eight men. He was repeatedly punched in the face and was knocked out six times.

Mr Jakich said he arrested Mr McGee and took him to the Henderson station, where he was processed.

He said he stood behind Mr McGee in a cubicle while Folan stood to Mr McGee's right and another officer helped.

The four men were crammed into a space of little more than a square metre when Mr McGee stamped on the officer's feet. He said he saw Folan's knee come up and knee Mr McGee in the stomach, taking the air out of his lungs. Mr McGee made groaning noises.

"He was quiet and still. Basically there was no more stomping, put it that way," Mr Jakich said.

Video footage from inside the police station was shown to the jury and Mr Jakich provided commentary.

Mr Jakich said it was hard to see the knee with "all the dark trousers" but identified Folan's leg lifting.

Under cross-examination from Folan's lawyer, Richard Earwaker, he confirmed that he did not know how Folan had kneed Mr McGee in the confined area but he had seen the knee connect with Mr McGee's body.

He confirmed to Mr Earwaker that everyone knew there were cameras in the watchhouse.

The lawyer said: "You're basically in a glass bowl when you're there. Everything can be retained and scrutinised."

The trial is set to run until next Tuesday.