KEY POINTS:
An asthmatic protester who complained of a week-long headache after he was pepper sprayed did not appear to be distressed, a witness told Rotorua District Court.
Simon Oosterman, of Auckland, was sprayed during a protest at Rotorua's Scion on January 30, 2005, the Daily Post reported.
He is seeking $50,000 costs from the police for assault and breaches of his rights.
During the second of a three-day hearing yesterday, Judge Chris McGuire also heard that police should not have been carrying the pepper spray used on Mr Oosterman.
Independent Security general manager Kevin Rowell told the court he saw Mr Oosterman in a police car after the protest. He said his eyes were "streaming" but he wasn't distressed.
Earlier, Mr Oosterman told Judge McGuire the pepper spray had caused him to have "excruciatingly painful" headaches for several months.
"But I only put in my evidence it was only a week because it was some time ago."
He said he also didn't take painkillers for his headaches or go to a doctor because activists preferred "alternative remedies".
Senior Sergeant Anna Jackson said she should have told her staff at a briefing shortly before the march to remove their pepper spray.
Police are not allowed to carry pepper spray when rostered for duty at demonstrations unless authorised by a district commander.
"It was an oversight on my part that I didn't advise the staff to remove their spray," Mrs Jackson said.
She said if they had removed their spray, they had nowhere safe to put it.
- NZPA
