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An Auckland man has won a seven-year battle with police after receiving a $7500 payout for being unlawfully detained in police cells, during which time he was pepper-sprayed and needed ambulance treatment.
The man, now 47, admits to having a "chequered past" but has since turned his life around.
He has changed his name, is self-employed and owns his own home on the North Shore - achievements he attributes to an education programme he attended which taught him a trade while serving almost five years in Paremoremo Prison for a charge of grievous bodily harm.
The police payout several weeks ago stems from an incident in Wellington Central Police Station in January 2002 when the man, then known as Seamus McDonnell, reported for his weekly bail check.
Mr McDonnell was on bail awaiting sentencing on five charges of providing police a false driver's licence after being caught speeding five times.
When he reported to the station on January 2, an error on the police computer system meant the senior sergeant on duty believed Mr McDonnell was meant to be reporting three times a week, and had therefore breached his bail.
Mr McDonnell was taken into police custody, where he was pepper-sprayed. He went into a seizure which resulted in ambulance treatment.
In the ensuing battle, Mr McDonnell's lawyers sought $25,000 in costs, alleging he had been denied the opportunity to consult a lawyer, unfairly detained, strip-searched, handcuffed and pepper-sprayed.
A police report form from the arresting officer states that Mr McDonnell was advised of his rights and that he "removed all of his clothing without being requested to doso".
It states Mr McDonnell became aggressive and the police officer, fearing for his safety, used a "long burst" of pepper spray in his face.
Police called an ambulance when they found Mr McDonnell lying on the floor having a seizure, the report said.
The report chastised the courts, saying it was "not satisfactory" staff had not updated Mr McDonnell's bail reporting conditions.
A brief apology to Mr McDonnell from Assistant Commissioner Jon White, dated March 18 this year, reads in its entirety:
"I acknowledge that lapses in the system for recording bail conditions resulted in you being arrested and detained for breach of your bail reporting conditions on January 2, 2002.
"I acknowledge that you had complied with the condition of bail and regret the interference with your liberty."
Mr McDonnell, who does not want his new name revealed because he has moved on from his former life, said he was pleased his fight with police was over.
He does not care about not being paid $25,000, saying his battle was not one of money, but principles.
He wants people to know that it is possible to take on the police and win.
"I want people to know that we can get something in the end," he said.
"I want everyone to see that someone they [police] don't like can do it.
"One comfort to me is now they know they have to watch out a little bit."
