Inquiry ordered over police pepper spray incident

The Office of the Police Commissioner last night ordered an inquiry after pepper spray was allegedly used on a handcuffed man lying on the ground outside the celebrity Fight-For-Life event.

Video footage has emerged which shows an officer spraying the handcuffed man in the face in the carpark outside the glamour boxing fundraiser.

The clip has "amazed" top lawyers and caused Police Minister Annette King to ask for an urgent explanation from Police Commissioner Howard Broad.

Ms King said through a spokesperson she would ask Mr Broad for an explanation of the protocols for using pepper spray – and if the rules were
followed in this case.

The Office of the Commissioner last night agreed with the minister and announced that the incident would be "fully investigated".

It is an acknowledgment of the seriousness of the incident, which appears to show an officer using the spray beyond the rules. Officers are told they are only allowed to use pepper spray to "defend themselves or others if they fear physical injury to themselves or others", or in similar high-risk circumstances.

The 35-year-old man who was sprayed has yet to be identified. He is due to appear in Waitakere District Court tomorrow facing charges of resisting arrest and assaulting a police officer.

TV3 videographer Murray Job saw the tuxedo-clad man on the ground outside Trusts Stadium, West Auckland, about 11.30pm on Thursday with hands cuffed behind his back.

Among guests at the glittering event were boxer David Tua, reality television queen Julie Christie, comedian Mike King and sports stars Eric Rush and Danny Morrison.

The man was "dishing out some verbal abuse" but was not a threat to police, said Mr Job.

As his camera started to roll, an officer took a canister of pepper spray from his belt and sprayed it into the face of the cuffed man, he said.

"To give him what's called a little bit of instant justice was uncalled for," said Mr Job. "I was quite shocked."

He described the treatment as "heavy-handed" and "excessive".

Video of the incident, captured by Mr Job, shows an officer directing a spray directly into the man's face. After a few seconds pause, the man begins twitching and spasming, with his legs thrashing. Pepper spray is intensly painful - it can take 3-5 seconds for pepper spray to take effect, and the effects can last anywhere from 15 minutes to about 60 minutes.

It causes a burning sensation, temporary blindness, restricted breathing and disorientation.

In July 2001, a Hamilton man died after police pepper-sprayed him. Two officers used the spray to subdue him and he fell unconscious after he was handcuffed.

Fight for Life organiser Dean Lonergan found out about the incident watching television on Friday night. "My eyes just flew wide open."

Auckland District Law Society president Gary Gotlieb also saw the clip: "I was quite amazed." He said often clients claimed police brutality but there was no evidence or witnesses.

"You often hear people saying that there's gratuitous violence in police arrests. This may be an example of it." He had no doubt police should launch an investigation.

Criminal barrister Chris Comeskey heard similar claims "almost on a weekly basis". Mr Comeskey, a former police detective sergeant, said pepper spray should only be used to bring a person under control.

"If you have someone cuffed, they are under control."

Another former policeman agreed: "You just don't pepper-spray someone who's one the ground, no matter how lippy they are. That's like booting him in the face."

Police Association president Greg O'Connor would not comment because he had not seen the footage.

Opposition law and order spokesman Simon Power said that if the man was already restrained there would have to be "exceptional" circumstances before use of pepper spray was justified.

"Given the current level of confidence the police rate with the public, this sort of thing does not help."

Trusts Stadium chief executive Simon Wickham said there were three arrests on the night. But the event was a highlight of the year and most of the 3200-plus guests were well-behaved.

Having police at an event is not usual. "The police are always made aware of events happening at the Trusts Stadium." More than 30 staff from private event security company Red Badge were also on site.