Fighting for a police apology

"Dad, I promise you I didn't do it." Those were the words that convinced Stan Gregory to spend five years, and tens of thousands of dollars, fighting police to clear the name of his son, Michael.

In June 2001, police officers investigating a burglary broke into Michael Gregory's house in Papakura in the early hours of Sunday morning.

Police dogs had tracked a man to the Gregory property at about 3am.

Michael refused to let the officers in without a search warrant. As he walked away, he claimed the police grabbed him, pinned him against the wall and emptied two cans of pepper spray into his face.

He was then arrested on charges of aggravated assault, aggravated burglary, burglary, resisting arrest, obstruction of justice and assaulting a police officer.

Nine weeks later the charges were dismissed wiping the slate clean for the then 21-year-old. Another man was later arrested and charged over the burglary.

A police report for the Police Complaints Authority was extremely critical of police that night, concluding that officers acted illegally in entering the house without a search warrant, illegally arrested Michael and unlawfully used pepper spray. The report also criticised officers for a "lack of leadership" during the arrest, and for not investigating the burglary professionally.

The Police Complaints Authority upheld the complaint, but recommended no further action be taken.

Although completely cleared of any wrongdoing, the Gregory family is still waiting for an apology from police - and now has decided to take a private prosecution in the hope of getting one.

In Auckland's High Court in September, the family will seek an official apology and $500,000 compensation.

Stan Gregory said the memory of walking into the Papakura police station on June 24, 2001, and seeing his son, red and blistered from the pepper spray, still haunts him.

Since then, Mr Gregory has spent "tens of thousands" on a private detective and mounting legal fees.

Five years on, Michael is still traumatised by the events.

"I actually thought I was going to be blind forever. That stuff is excruciatingly painful," Michael said.

"It's completely killed my confidence and self-worth. You're supposed to be able to trust the police, but I physically cringe whenever I go near a police officer," Michael said. "I want my life to go back to where it was five years ago."

His father said the police had to be held accountable, like anyone else. "There are no winners or losers here. This is a miscarriage of justice."

Crown law counsel Austin Powell, would not comment on behalf of the police as the case is going to court.

Approached by the Herald on Sunday, the Counties Manukau police issued a statement: "Mr Gregory has initiated civil proceedings on this matter and we are unable to comment on the allegations."