When the man tried to get away from him, Tuhi pushed him and ripped his shirt, the report said.
A club employee called police, telling them Tuhi was very aggressive, intoxicated, refused to leave, and had assaulted one of their members. An officer arrived and tried to talk to Tuhi, unaware that he was hearing-impaired.
Tuhi pushed the officer in the chest twice while trying to get closer to the club member. The officer told Tuhi he was under arrest for assault, which the IPCA found to be reasonable.
The officer placed one handcuff on Tuhi, who did not freely give him his second hand. The officer decided to take Tuhi to ground to restrain him.
“He crouched down and looped his right arm around Mr Tuhi’s leg while maintaining hold of Mr Tuhi’s left hand. The officer did not realise the club employee had taken hold of Mr Tuhi’s free hand, in an effort to assist,” the report said.
“The officer lifted Mr Tuhi’s leg upwards and forwards, off the ground. Mr Tuhi fell at a steep angle and hit the asphalt headfirst. With both hands held, Mr Tuhi was unable to break his fall.”
When the officer realised Tuhi was injured he immediately gave medical care.
While the IPCA found the arrest was justified, the method used to restrain Tuhi was “inappropriate and dangerous”.
“Police told us the only empty-hand technique recruits are instructed not to use, is a carotid hold. We note that, of the three techniques taught [for bringing people to the ground], none involve lifting an offender off the ground and tipping them upright.
“Recruits and officers do not usually have the opportunity to practise the taught techniques regularly, under guidance, to the point that they would use them instinctively and correctly when the need arises. The tactical options training that all Police officers receive annually only briefly touches on taking offenders to ground using empty-hand techniques.
“Given the prevalence with which officers take offenders to the ground in the course of arrest, we believe recruits should have more in-depth training in this area.”
The officer told the IPCA “I have struggled to come to terms with the unfortunate death of Mr Tuhi. It was never my intention to see Mr Tuhi come to any harm and that he did is a source of great regret to me.”
“The officer’s decision to take Mr Tuhi to ground, using this inappropriate technique, had tragic, albeit unintended, consequences. We acknowledge the death of Mr Tuhi as a result of this incident has been distressing for all those involved,” Judge Doherty said.
Central District Commander Superintendent Scott Fraser said while the officer’s tactic differed slightly from standard methods, “the very nature of attempting to restrain an assaultive person means decisions need to be made in the moment”.
Frontline officers are trusted to make these judgment calls using a decision-making technique known as TENR – assessing the Threat, Exposure, Necessity and Response, he said.
“As the report notes, Officer A had successfully used a similar tactic to restrain others on previous occasions,” Fraser said.
”However, a series of circumstances in this instance have regrettably resulted in Mr Tuhi’s death.
”This includes the fact that Officer A did not know that Mr Z had taken hold of Mr Tuhi’s other arm, which directly impacted the way Mr Tuhi fell.
”This is the worst possible outcome to a situation police encounter every day - taking someone into custody - and our thoughts remain with Mr Tuhi’s whānau.”
The witnesses believed that Officer A – the sole officer on the scene – behaved professionally and had the situation under control, Fraser said.
Police extended their “sincere condolences” to Tuhi’s loved ones, and said the death of anyone in police custody was incredibly tragic.
“It affects not only the deceased’s family, but the officer themselves, their family, as well as their police colleagues.”
