Whangārei police officer accused of assaulting man during arrest goes on trial

The officer is a member of the Whangārei tactical unit. Photo / NZME

A tactical unit police officer allegedly struck a man in the head with a sponge-round launcher during an arrest, but the officer claims it was an accident.

Taylor Stephen Morgan appeared in the Whangārei District Court on Tuesday for day one of his jury trial where he is facing one charge of assaulting a person with a blunt instrument.

The 30-year-old is alleged to have assaulted Matt Sinclair with a 40mm sponge-round launcher in Whangārei on January 10, 2023, during an arrest.

On that day, police were trying to locate a Nicky Lemon in a known vehicle and were travelling along Tauroa St in Raumanga, Whangārei when they spotted the vehicle.

Lemon was driving and Sinclair was in the passenger seat of the vehicle that headed North onto West End Ave and then up to Kōtata Rise.

Police officers Hayden Waetford and Morgan, a member of the Whangārei tactical unit, followed the vehicle but by the time they reached Kōtata Rise, Lemon and Sinclair had decamped.

Constable Joshua Van Der Kwaak and the delta dog Caeser were called to attend and Caeser eventually located Sinclair lying in the mud in the mangroves.

Police dog Caesar and Constable Van Der Kwaak were alongside Morgan and tracked Sinclair.

The Crown said when Morgan caught up with Sinclair lying on the ground with Caeser attached to his arm, he was holding a 40mm sponge-round launcher.

Lawyer for the Crown Danica Soich said Morgan punched Sinclair in the eye and then held the launcher with two hands and struck him in the head.

Soich said Sinclair’s head immediately began bleeding while he was reportedly saying “You’ve got me” and surrendering.

The Crown will call Waetford and Van Der Kwaak to testify about what they saw during that arrest.

“You will hear from Waetford about the way he held the launcher using two hands, striking him over the head in a way that was no accident,” Soich submitted to the jury in her opening statements.

“The Crown has brought this charge on behalf of the community.”

Lawyer for Morgan, Arthur Fairley submitted to the jury that the arrest process did not happen as the Crown said.

It will be Morgan’s case that when he caught up to Sinclair who was grappling with Caeser, he palmed him rather than struck him and as he grabbed him, the launcher, which was hanging from his shoulder, swung around and struck him in the head.

“The issue this officer intentionally struck this man while he was a part of the arresting process was not so,” Fairley said.

The trial is expected to run until the end of the week before Judge Gene Tomlinson.

Shannon Pitman is a Whangārei-based reporter for Open Justice covering courts in the Te Tai Tokerau region. She is of Ngāpuhi/ Ngāti Pūkenga descent and has worked in digital media for the past five years. She joined NZME in 2023.