Police criticised over death in cells

Photo / file

The Independent Police Conduct Authority has criticised the actions of duty officers over the 2008 death of a man in Whakatane Police Station cells.

In a report released today the authority found Spaniard Francisco Javier de Larratea Soler's death was "marked by omissions and failures by police officers and police management" and amounted to a "breach of the police duty of care".

The 43-year-old was picked up by police after he was found lying on a footpath heavily intoxicated in Eivers Road, Whakatane, and taken to a police cell to sober up at about 11am on December 19 2008.

He was found dead in his cell at 7pm the same day when two officers entered to deliver meals.

Toxicology results established Mr de Larratea Soler had used methadone, zopiclone (a drug used to treat insomnia), alcohol and cannabis before his death.

The post-mortem examination concluded Mr de Larratea Soler's death was due to "methadone toxicity in association with alcohol and zopiclone".

The coroner has not yet completed an inquest into the man's death.

The authority said while police were justified in taking Mr de Larratea Soler into custody for his own protection, officers did not comply with police policies when assessing the risks to his health and wellbeing while in custody and the risk evaluation process itself was also flawed and inadequate.

The arresting officer was criticised for assessing Mr de Larratea Soler as "not in need of specific care", despite being detained under section 36 of the Policing Act because he was considered to be in need of care and protection, his level of intoxication was recorded as "extreme".

During the seven and a half hours he was in custody his cell was not entered at all by officers, the authority said.

"Police did not comply with policy when assessing Mr de Larratea Soler's risk. The risk evaluation was flawed and inadequate," the report's findings said.

"In order to properly monitor Mr de Larratea Soler's health, the officers should have made physical or response checks of him to assess his level of consciousness and intoxication."

The authority also found the Bay of Plenty District Orders and the Whakatane Watchhouse Desk File were out of date at the time of the man's death, and supervision by the Watch House was inadequate.

The authority said while Mr de Larratea Soler's death may have been inevitable, its occurrence in police custody was avoidable.

The report acknowledged that "appropriate remedial action" has been made at the station to address their failings in the case, and as such made no recommendations in regard to criminal or disciplinary proceedings against the police officers.

However the authority did make policy and training recommendations in relation to the care those in police custody.

Police response to report

Acting Assistant Commissioner Gary Knowles said police have taken action to address the recommendations made by the authority.

"While our staff did absolutely the right thing in taking Franscisco Soler into custody because of his level of intoxication, our level of care fell below that required and Mr de Larratea Soler's death was tragic and extremely upsetting for his family as well as for Police staff," Mr Knowles said.

He said Bay of Plenty Police processes have been reviewed and strengthened following the incident.

He said a number of changes had been made to custodial management systems and processes in the Bay of Plenty Police District, and specifically Whakatane Police Station, since Mr de Larratea Soler's death.

"Consideration was given to whether the officers were criminally liable for the death of Mr de Larratea Soler and it was decided they were not.

"This decision was subject to legal review. The officers were subject to a variety of different demands and unfortunately didn't recognise the risk this person presented and attended to other public demands for police service as a priority. A thorough internal employment process has been completed," Mr Knowles said.