Judge rejects claims of brutality during protest

This picture of a policeman's hold on a 16-year-old protester created controversy. Picture / Herald on Sunday

A judge has dismissed claims of brutality by police as they moved to control a protest in central Auckland.

Four men were arrested as they joined a 100-strong march down Queen St in March protesting against the invasion of Iraq.

The men alleged police were heavy-handed, violent and provocative in breaking up a peaceful rally.

But in the Auckland District Court yesterday, Judge Fred McElrea said police were trying to clear the road and were "perfectly justified" in doing so.

"Police were acting with tolerance and tact. They were impartial and using their powers reasonably."

However, the judge said there was some provocation from one officer who, when asked for his badge number, replied: "It's 111."

The Global Peace and Justice Auckland march drew widespread attention after the Herald on Sunday published the picture (right) which appeared to show a policeman holding a teenager in a neck-hold.

The demo ran into trouble when a motorist tried to drive through protesters blocking the road. They had not sought a permit for the rally.

March leader Simon Oosterman said people were angered by the police escorting the motorist while ordering protesters off the road.

Oosterman refused to move and was arrested.

Yesterday, the 24-year-old union worker was convicted and fined $400 and costs for obstructing the road and resisting arrest.

Thomas Asa Buckley, a 23-year-old film-maker, was convicted and can be sentenced if he appears before a court again in the next 12 months.

Roger Francis Fox, 47, a union secretary, was convicted and discharged for a separate incident at the rally in which he assaulted a police officer.

Charges against a fourth man, Vahid Unesi, 27, were dismissed.

Oosterman said the judge's decision would make protesting very difficult. "Putting motorists ahead of ethical protesters has serious ramifications for civil liberties."

A police spokeswoman would not comment on the ruling.