Off-duty arrest policy urged

A senior policeman is recommending a police policy for officers who make an arrest while off-duty after the death of a man who ran from a constable and into the path of a truck.

George Tipene Harris, 24, died from injuries suffered when he was hit by the street-sweeping truck in the early hours of October 3 last year.

He was running from Constable Clint Hill, who was off duty and on his way to a bar in Manukau when he arrested Mr Harris for trying to take his cellphone.

A lawyer for the Harris family said they would seek compensation from police.

Coroner Sarn Herdson has recommended a review of procedures around off-duty staff making an arrest - although police say there is no present policy to deal with the situation.

Mr Harris was heavily intoxicated when he crossed paths with Mr Hill on Ronwood Ave.

As Mr Hill walked by talking on his cellphone, Mr Harris and members of his family asked to use the phone to ring a taxi.

Mr Hill indicated for them to wait and carried on walking.

Mr Harris ran after him and reached into his pocket to get the phone.

"[Harris] said: 'Let me use your phone' and pulled the pocket of my jacket, ripping it," Mr Hill told the coroner last year.

"I grabbed him by the collar of his shirt saying: 'You don't do that.' I told him I was a police officer and he was under arrest."

Mr Hill was walking Mr Harris to the Wiri Police Station when a passing patrol stopped.

The two on-duty officers, Constable Benson Murphy and Constable Reuben Harris, were on their way to deal with an impounded vehicle but offered to take Mr Hill to a police station afterwards.

Mr Harris and Mr Hill sat in the back of the car. The police officers later admitted incorrect procedure had been followed in placing him on the driver's side in the back seat, where the door was not locked.

While the officers were dealing with the car, Mr Harris, who had been waiting in the car with Mr Hill, jumped out and ran away.

Mr Hill said he gave chase but tripped and fell. He was about to cross Great South Rd when he heard the impact of Mr Harris being struck by the truck.

Ms Herdson said Mr Harris was affected by alcohol and cannabis, it was dark and he was being pursued by a police officer when the crash happened.

Mr Hill had been drinking and was affected by alcohol, the coroner said. There were "shortcomings" in the arrest and custody procedures of Mr Hill and the on-duty staff.

Inspector Keith Brady, professional standards manager for the Counties Manukau police, said he had carried out an internal inquiry and would recommend new guidelines to the Office of the Commissioner.

"We'll be asking them to look at whether it is appropriate to provide guidelines where officers find themselves in a situation where they need to intervene and make an arrest."

Mr Brady said it was an officer's personal decision to make an arrest while off duty.

"The best option for them is to call for on-duty officers and observe. Obviously where there is a desperate need for intervention the officer could feel an obligation to step in and resolve it at the time. But that would be an extreme situation."

Mr Brady said Mr Hill did not face any disciplinary action but "there were a couple of things that need to be addressed".

He would not comment further because the file was still to be reviewed.

The Police Complaints Authority is also investigating.

Mr Brady said the final decision on policy would rest with the Office of the Commissioner.

Chris Wilkinson-Smith, lawyer for Mr Harris' family, said they would seek compensation from the police.

"They still don't feel matters have been laid to rest. Police procedures have been shown to be wanting."