Rescue teams head to the East Coast, Lauren Dickason’s family criticise the NZ Government and trust in police falls. Video / NZ Herald
A deranged man in a meth-fuelled psychosis died in police custody following a brutal attack on a pensioner after he was repeatedly tasered, pepper sprayed, shackled and left prone on a cell floor with his head covered by a bloodied spit hood.
Now a coroner has slated the lack of care shown to Ngata by police after five officers wrestled him to the ground and took him into custody, leaving him prone and unresponsive without proper monitoring.
A raft of recommendations urge Police to overhaul the way prisoners are looked after if they are at risk from a possible medical emergency.
Alo Ngata, 29, died in police custody in July 2018 after attacking a pensioner in a random and unprovoked assault in Freemans Bay.
“Detainees are effectively in police care and require effective monitoring from the moment they are detained,” a detailed finding released yesterday by Coroner Matthew Bates says.
The coroner calls for police to implement better training around spit hoods and develop assessment systems for prisoners “suspected of having a reduced level of consciousness” to mitigate risks such as positional asphyxia.
Ngata suffered mental health and substance abuse problems, including methamphetamine and synthetic cannabinoids, the decision says.
On July 1, 2018, Ngata - who’d complained of “demons in his head” - beat 78-year-old country musician Mike Reilly to within an inch of his life, stomping on the pensioner’s head.
Reilly was left unconscious and hospitalised for several months.
Responding police could not control Ngata. After “tactical options” were deployed, “restraints were applied” to Ngata’s wrists and ankles, and a spit hood fitted over his head.
Ngata was then transported to Auckland Custody Unit and carried into a cell.
Former country musician Mike Reilly was attacked in Freemans Bay in an unprovoked assault in July 2018. Photo / Supplied
The restraints were removed, but the spit hood remained fastened. He was then left alone on the floor of the cell in a prone position, the decision says.
Minutes later an officer noticed Ngata had not moved.
“Police re-entered the cell and discovered he was unresponsive. The spit hood was removed, and efforts to resuscitate Mr Ngata commenced.”
Ngata was transported by ambulance to Auckland City Hospital but never regained consciousness and life support was switched off three days later.
A 2020 IPCA report found the initial arrest and tactical options were appropriate. But there were “multiple failures by custody staff” who failed to fulfil their duty of care.
The case went to an inquest hearing in October 2022, and the findings made public yesterday.
Ngata’s family declined to comment and police did not provide a response yesterday.
The decision says Ngata was the oldest of seven children and studied art at Unitech. Relatives said his actions that day was “out of character”.
“Alo typically adhered to his Tongan heritage and upheld family values. His son was born shortly after his death, and he never had a chance to be a father.”
Ngata was admitted to a mental health unit in 2016. He was diagnosed with bipolar and later with substance use disorder.
He told clinicians he had smoked two packets of cigarettes a day since the age of 15 and used cannabis daily.
‘Witchcraft’ ceremony held to rid house of spirits
The day before the attack, Alo argued with his partner at her Freemans Bay property. Police who were called said Ngata’s behaviour was “bizarre” - speaking of “ghosts and spirits inside the house”.
The next morning, a matakite (spiritual adviser) arrived to bless the home due to concerns there were kehua (unsettled spirits).
“A ceremony was performed. A jug of water was blessed and Alo drank two glasses from it. The matakite also threw blessed water at paintings Alo had drawn on the garage wall. Alo was reported to have likened all of this to witchcraft.”
Ngata began crying hysterically and hugged his partner so tightly she screamed, “Alo, stop it you’re hurting me”.
He then ran from the property “screaming and swearing” before attacking Reilly outside.
Ngata was described as “extremely agitated and violent”.
Alo Ngata was arrested after a lengthy struggle with police in 2018. Photo / NZME
He repeatedly hit himself in the head with a metal bar then headbutted the ground.
“When he saw the police Eagle helicopter, he started jumping up and down while flailing his arms as if he was a bird flying, possibly mimicking the helicopter.”
Ngata was tasered and wrestled to the ground in a “lengthy and violent struggle” and a spit hood applied to protect officers.
He was carried to a prisoner transport van and taken to the custody unit. He remained in shackles due to his agitated state and the risk he posed to officers.
Ngata found unresponsive in cell
CCTV footage appeared to show Ngata as “semi-conscious and unresponsive” as he was carried to the cell, though officers described him as “thrashing, moving around quite violently, and speaking in another language or talking gibberish”.
The footage showed Ngata being “dropped and landing heavily, face-down on the floor”.
Officers searched Ngata and removed the Taser barbs. One officer told the inquest they thought they heard him say “I can’t breathe”.
His restraints were removed but a custody sergeant instructed officers to leave the spit hood on as they exited the cell.
Officers re-entered the cell after noticing he’d remained face-down and motionless. They found he wasn’t breathing and commenced CPR.
The coroner ruled that Ngata was at high risk of positional asphyxia - when a person’s body prevents them from breathing enough oxygen - due to the nature of his arrest, and that police failed to monitor his condition.
He also ruled the spit hood should have been removed when officers left the cell.
Methamphetamine found in Ngata’s body
Toxicology reports found methamphetamine in Ngata’s system and the likelihood was “overwhelming” that the drug was linked to his mental deterioration that day.
The coroner noted that prolonged meth use could trigger psychotic, paranoid or violent behaviour.
Ngata had exhibited paranoid delusions in the days leading up the attack, making “homicidal threats”.
The coroner ruled Ngata’s “extreme agitation, protracted violent acts, and bizarre behaviour” were likely the result of a psychotic episode linked to methamphetamine use.
A post-mortem examination found the primary causes of death were brain damage and abnormal heart rhythm.
Underlying conditions were the effects of restraint asphyxia, methamphetamine and cardiac hypertrophy (enlarged heart) “and possible suffocation due to the spit hood”.
The coroner ruled it was “impossible to quantify” what role the hood played in Ngata’s death, but it no doubt restricted his breathing and the ability of police to monitor Ngata’s welfare.
“Suffocation remains a possible contributing factor, but no more than a possibility.”
The coroner made a raft of recommendations around training, the use of spit hoods, and the identification and monitoring of prisoners suffering manic or psychotic episodes who may be experiencing medical emergencies.
In response, police told the coroner the custody officers were entitled to proceed with caution that day given Ngata’s “extreme violence”.
“Custody officers subjectively believed he was conscious, resisting them, and was an enduring threat.
“Police submit it was Alo’s sustained abuse of methamphetamine that led to his manic psychosis and tragic outcome. He could not be reasoned with, and it is very unlikely that any hospital would have accepted him while in that state.”
Lane Nichols is a senior journalist and deputy head of news based in Auckland. Before joining the Herald in 2012, he spent a decade at Wellington’s Dominion Post and the Nelson Mail.
