KEY POINTS:
A prison officer who allegedly assaulted an inmate at Rimutaka Prison lost his cool when he was asked to bring in drugs and other contraband, a determination by the Employment Relations Authority says.
The authority has ordered the Department of Corrections to reinstate the officer, who was fired over the incident, in March 2006.
The department has also been ordered to reimburse the officer, Rakai Tawhiwhirangi, for lost wages, and pay compensation of $5000.
Mr Tawhiwhirangi, a corrections officer for 21 years, was working at Rimutaka Prison when he was allegedly approached in his office by a prisoner, whose name is suppressed, and asked to bring phones and drugs into the prison.
Mr Tawhiwhirangi said he ordered the prisoner out of his office, and followed him to direct him to hisunit.
A struggle ensued after Mr Tawhiwhirangi put his hand on the prisoner's shoulder, and other prison officers were called in to help to control and restrain the prisoner.
Mr Tawhiwhirangi admitted he had pushed the prisoner.
He also admitted swearing at the prisoner.
The prisoner sustained a black eye and damaged ribs in the struggle, and complained that Mr Tawhiwhirangi had slapped him about the head several times.
Mr Tawhiwhirangi was stood down while the department investigated the prisoner's complaints.
Using closed-circuit television footage, as well as statements from the prisoner and other officers, the department concluded Mr Tawhiwhirangi had pushed the inmate, and slapped him twice.
These actions constituted assaults, and Mr Tawhiwhirangi was dismissed.
In its report yesterday, the authority found Mr Tawhiwhirangi's response was motivated by anger, as he was "genuinely shocked and affronted" by the prisoner's suggestion he bring contraband into the prison.
However, it said there was insufficient evidence to show he had actually assaulted the prisoner as the video evidence did not clearly show physical contact.
The allegations against Mr Tawhiwhirangi were grave, said the authority, however the evidence relied on by the department did not establish the assaults to the appropriate level of probability.
- NZPA
