Police kicked man, court told

Timothy Croft. Photo / Greg Bowker.

Two police officers held a man down and kicked him before they pepper-sprayed his girlfriend, a court has been told.

Timothy Croft had been to his neighbour's house to give a lecture about not breaking into his girlfriend's car when he was punched in the face.

Charlotte Esser, another neighbour, heard loud voices and phoned police.

The police say Croft was drunk and aggressive when they arrived at his Glen Eden townhouse in May 2008 to deal with a neighbourhood dispute.

Crown prosecutor Mina Wharepouri said police tried to arrest Croft for disorderly behaviour when he began screaming and swearing.

A scuffle happened after Croft refused to be arrested by Constable Alan Douglas and Croft punched Constable Sarah Lord in the face and kicked her.

Croft is accused of injuring with intent to injure and has pleaded not guilty in the Auckland District Court.

Ms Esser said she went to her daughter's bedroom window after hearing more "screaming and agitated voices" in the shared driveway area outside her townhouse. She said Croft was being pushed to the ground by two police officers in uniform.

"They were kicking him. I never thought that would happen in New Zealand," Ms Esser said.

She stood outside the jury box and demonstrated how police had bent over at the waist and held Croft down with their hands while kicking him with the lower part of their legs.

Ms Esser said Croft managed to stand up before he and the three officers fell into a garden.

"Tim was in agony. I heard him scream 'pepper spray'," Ms Esser said.

Ms Esser's daughter, Niluh Yasa, said she saw Croft's girlfriend approach Ms Lord and tap her on the shoulder to get her attention. She said Ms Lord pepper-sprayed Croft's girlfriend.

"I am sure it was the female cop that did it," she said.

Ms Lord gave evidence on Monday and confirmed to Mr Cullen that she did not hold a police certificate to use pepper spray at the time of Croft's arrest. She denied pepper-spraying Croft's girlfriend.

Earlier Croft also gave evidence. He said he became frustrated when Mr Douglas would not look at his girlfriend's car that he believed his neighbours had broken into.

He said instead of listening to his side of the story, Ms Lord told him he would be arrested for trespassing if he went back to his neighbours' house and Mr Douglas told him to "shut up and go inside".

Asked by Mr Cullen if he had attacked anyone that night, Croft said no. "All I was doing was trying to protect myself. If anyone got hit in the melee, it was me."