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A high-level police inquiry has started into claims a man was beaten in police custody shortly before being fatally injured when a street-sweeping truck hit him.
The man was being chased by an off-duty police officer when the vehicle struck him. Police have confirmed the case is being reviewed but won't comment on the Weekend Herald's understanding that new information includes the claim the man was assaulted in custody.
If this were established, it could result in a charge of manslaughter.
Fork-hoist driver George Tipene Harris was 24 when he died from injuries caused when the truck hit him early on October 3, 2004.
An inquest in 2005 heard conflicting evidence about what happened just before the accident, but nothing in evidence then available suggested Mr Harris had been assaulted.
The Independent Police Conduct Authority (formerly the Police Complaints Authority) made an inquiry in 2004.
Its report has not been made public.
Detective Superintendent Malcolm Burgess yesterday confirmed he was looking into the matter.
"I am reviewing new information and will make a decision about the direction of new inquiries."
Mr Burgess said the matter was at an early and sensitive stage and he would make no further comment.
Mr Harris' family has welcomed the new inquiry. Their lawyer, Christopher Wilkinson-Smith, said they did not believe the earlier investigations or the inquest had heard the full story.
They had delayed an unveiling of a memorial to Mr Harris because they considered the case was unresolved.
"The family have been aware for some time of relevant witnesses who were reluctant to say what had really happened, Mr Wilkinson-Smith said.
"They welcome the news that a very senior police officer has been assigned to re-investigate. The family will co-operate with the police in any way they can."
Mr Harris had a three-year-old son, Julius, with his partner of 10 years, Nii Enoka. Ms Enoka and Mr Harris' mother, Daisy, attended the inquest.
Coroner Sarn Herdson found "shortcomings" in the arrest and custody procedures.
She noted that Mr Harris was affected by alcohol and cannabis, and the off-duty officer involved, Constable Clint Hill, was affected by alcohol.
Mr Hill, who is still working as a police officer, yesterday declined to comment.
The inquest heard that Mr Hill had drunk up to eight beers that day and was on his way to another bar when he arrested Mr Harris in Ronwood Ave, Manukau, for trying to take his cellphone.
Mr Hill told the inquest he was walking Mr Harris to the Wiri police station, on Ronwood Ave when Mr Harris ran off. He gave chase and tackled Mr Harris.
Two police constables in a passing patrol car on their way to deal with an impounded vehicle stopped and offered to take the officer and Mr Harris to a police station afterwards.
One of the constables testified that on the short drive to where the impounded vehicle was, Mr Hill shouted and swore at Mr Harris, who was calm and not aggressive.
All three policemen admitted the incorrect procedure had been followed in placing Mr Harris on the driver's side in the back seat. Suspects and prisoners were supposed to be placed on the passenger side because that door was automatically locked.
When the car stopped Mr Harris opened the door and ran away.
Mr Hill said he was pursuing Mr Harris and tried to tackle him, but missed.
Semisi Cocker, who was driving the street sweeper, said Mr Harris ran in front of the truck with his hands raised.
"I thought he was trying to stop the truck. I tried to slam on the brakes but it was too late."
