Police pass Famodun case to coroner

Detective sergeant Mark Benefield tells Michael Famodun's sister, Adekunbi Schwan (right), why she and family members are not allowed into yesterday's media conference at Avondale police station. Picture / Martin Sykes

Police have asked the coroner to investigate the death of an Auckland man whose family say he was assaulted by an off-duty police officer.

Michael Famodun's family say his death was the result of a head injury inflicted by the officer during an altercation in a Lynfield supermarket carpark in November.
Mr Famodun, who suffered from a blood disorder called sickle cell anaemia, died on February 22 from a massive brain haemorrhage.

Before he died he wrote to the Police Complaints Authority, alleging that the officer had slammed his head into a car head-rest.

In the November letter, Mr Famodun claimed the officer assaulted him while he was trying to move the car, which Mr Famodun's cousin had parked in a disabled carpark.

On Wednesday, New Zealand First leader Winston Peters raised the case in Parliament. Police Minister George Hawkins confirmed that the Police Complaints Authority was investigating.

Yesterday, Deputy Police Commissioner Steve Long said the investigation would go one step further.

"Police recognise the need for absolute transparency in this case and I have referred the case to the coroner for his consideration," he said.

The acting crime manager for Auckland City District, Detective Inspector Bernie Hollewand, said a senior CIB officer from outside the district would also review the case next week.

Mr Hollewand spoke at a press conference at Avondale police station yesterday afternoon, as family and friends of Mr Famodun protested outside.

Mr Hollewand said the allegations had prompted police to disclose information about the investigation, which began on February 28 and was not yet complete.

"We're taking this unusual step because of our concern about the mischief and misinformation that is being generated in the media as a result of some utterances by members of Mr Famodun's family and by a Member of Parliament."

Mr Hollewand said the investigation had so far revealed no evidence of an assault by the officer.

"The only physical interaction was a brushing of hands while Mr Famodun and the off-duty police officer reached for the keys to the car.

"There is clear evidence from bystanders and other sources that the off-duty officer was calm despite substantial verbal provocation."

Mr Hollewand said Mr Famodun's death was caused by complications from his disease, which results in abnormal red blood cells and severe anaemia. The death was treated by medical authorities as routine. The coroner was not informed and no autopsy was conducted.

Police had sought the opinion of a forensic pathologist to confirm the cause of death. In a written statement, Dr James Ferris said Mr Famodun died as a "direct result of an intracerebral haemorrhage as a direct consequence of sickle cell disease".

He wrote: "Mr Michael Famodun's death was not related to any episode of trauma and was not related in any way to the incident at the Countdown Supermarket on November 12, 2004."

Dr Ferris said stress or a sudden movement of Mr Famodun's head or neck at that time might have caused a nerve root haematoma (bruise) in his head or neck, as his illness left him predisposed to bruising.

But Dr Ferris said there was no evidence that such a bruise was "an operating factor" in his medical condition at the time of death.

Police said about 15 witnesses to the carpark incident had been spoken to.

"No witness has yet come forward and said that any physical contact occurred," said Detective Senior Sergeant Mark Benefield.

He said police were keen to speak to other witnesses. Mr Benefield refused to reveal the name or rank of the off-duty officer.