Officer's version of events challenged

Alexander Grant

A former policeman's recollection of events the night he punched a prisoner came under attack in court yesterday, with the Crown accusing him of creating an excuse for his actions.

Alexander Grant, 32, was giving evidence at the Manukau District Court in defence of a charge he injured Hemi Koia, with intent to injure.

Grant is alleged to have elbowed and punched Mr Koia in the face as he sat handcuffed in the back of a patrol car.

Mr Koia was arrested at his Manurewa home after becoming violent and aggressive towards police, who were called to a brawl at the address in July 2003.

Grant said Mr Koia was struggling, kicking him in the shins and spitting after being placed in the car, and he struck out to bring him under control.

"Mr Koia became more aggressive in the back of that patrol car and I wanted to regain control of Mr Koia. He was still kicking me and he was spitting blood at me and I struck him four or five times. I did not intend to hurt Mr Koia."

Two officers in the car with Grant earlier gave evidence that they could not recall Mr Koia kicking and that he was aggressive only when he got into the car, as he was handcuffed and had been pepper-sprayed.

Constable Wayne Mead, who was sitting in the back seat with Mr Koia, estimated in evidence on Wednesday that Grant inflicted 15 to 20 blows, while Mr Koia gave evidence that he was backhanded once or twice before blacking out. He also told the court he had no injuries before being placed in the car.

Mr Mead and Constable Carlye Rees, who was driving the patrol car, did not recall seeing blood or any injuries on Mr Koia before he was put into the car.

Grant said he did not believe he caused the injuries to Mr Koia.

"I felt that the injuries that Mr Koia had were not from me.

"I was under the assumption that Mr Koia had been fighting previously to the police arriving and that's where he got the blood".

Under cross-examination by Crown prosecutor Debra Bell, Grant said he delivered four to five punches when Mr Koia was kicking him.

Crown: "You kept going, didn't you? You kept punching him after he's spitting blood because you're still angry, you had still lost it, that's what happened isn't it Mr Grant?"

Grant: "No."

Crown: "You knew you could take him back to the police station ... and excuse his state by saying he'd been in a fight, didn't you?

Grant: "No. I knew the watch house procedures with fingerprinting and photographing as soon as a prisoner's been received."

Crown: "And that's why you had to say he was in a fight, because he was injured. He had marks all over him and bleeding, you had to say he was in a fight, didn't you?"

Grant: "No I didn't. No."

Ms Bell told Grant a "code of silence" among police meant he expected to get away with the attack.

"That's not the case, no," Grant said.

The prosecution and defence will make closing statements this morning and Judge Simon Lockhart, QC, will sum up.