The Independent Police Conduct Authority (IPCA) today released a report into the death of the man in custody, saying it was satisfied with the police’s care of the man, but noting there were “missed opportunities” to take him to hospital.
Police were called to a job involving a man clutching his chest and trying to open car doors, on June 24 last year about 6pm. He was at the intersection of Dominion and Mt Albert Roads, in Auckland, said the IPCA report.
The man, known as Mr Z in the report, was found in the driveway of a nearby property, acting erratically.
Upon arrival, officers saw a stationary white van in the middle of the road, which officers moved to a nearby car park, finding a sawn-off shotgun and ammunition inside it.
Police suspected the man was under the influence of drugs and arrested him.
An officer referred to as Officer G said the man would erratically move his arms and legs, randomly laugh aloud or smile, for no clear reason, and be aggressive or defensive when asked about taking drugs.
The arresting officer told the police’s Northern Communications Centre (NorthComms) that he was taking Mr Z to the Auckland custody unit (ACU) and asked for an ambulance to meet them there.
A police officer known as Officer A said although he thought Mr Z needed to be medically assessed, he did not think his condition required urgent medical intervention.
There was no ambulance when Mr Z arrived at the ACU about 6.25pm.
Upon arrival, the custody sergeant agreed that Mr Z could be taken into a holding cell, to wait for an ambulance to arrive.
Officers tried to get an ambulance to come earlier, telling NorthComms the man was under the influence of drugs, was “hot and sweaty”, unsteady, and struggling to control his body.
Custody staff removed his jumper to cool him down, and discovered what looked like stab wounds on his stomach and perforation wounds with bruising on his neck and chest.
The injuries did not look recent and showed signs of healing, the report said.
Officers told NorthComms and asked for a priority one ambulance, and were told the next available ambulance would come about 7pm after they changed shifts.
Police decided they could not delay getting Mr Z to hospital, and instead put Mr Z in the patrol car to urgently take him to hospital.
Up to a minute into the drive, Mr Z went silent and stopped moving.
One of the officers called out to him and pushed him to try and get a response. He noticed Mr Z had stopped breathing.
The officer described hitting Mr Z in the chest several times to get a reaction and wrapping his arms around him to perform chest compressions.
He continued doing chest compressions until they arrived at the hospital at 6.57pm, when medical staff took over, but Mr Z could not be saved.
A post-mortem found Mr Z’s death was caused by methamphetamine toxicity, with an underlying heart condition being a contributory factor.
The injuries on Mr Z’s upper body did not cause his death.
The IPCA found police cared well for him well in their custody and officers did not breach the ‘People in Police Custody’ policy or their overarching duty of care to Mr Z.
It also found it was appropriate to take Mr Z to the custody unit to be assessed by ambulance staff.
However, the report stated: “In hindsight, it is obvious that Mr Z should have been taken to a hospital rather than the custody unit.
“However, Officer A decided to take Mr Z to the custody unit based on what he observed, and the information available to him at the time. In our assessment, that decision was reasonable in the circumstances.”
The IPCA recommended police “provide training/or guidance to create staff awareness around the risks, signs, and symptoms of methamphetamine and other drug overdosing”.
It also recommended police consider updating the ‘People in Police Custody’ policy.
Acting Superintendent Sunny Patel said the management of people in police care “is something we take very seriously, no matter the circumstances.
“This was a tragic incident, and my deepest sympathies remain with this man’s family,” Patel said in a statement.