Police say force not excessive in testicle case

Police officers being sued for allegedly brutalising an Auckland man during an arrest which led to his losing his left testicle say they did not use excessive force.

Paul Pure is suing Rupert Friend, Aaron George, Michael Carter, Stephen Bass and the Attorney-General, alleging the constables used excessive force when they arrested him at the Manurewa home of his estranged wife, Grace, on August 12, 2000.

Mr Pure says the officers pepper-sprayed him, beat him about the head and shoulders with a torch and tied his hands and feet before dragging him out and dumping him on the concrete, where he was kicked in the groin by one officer.

He was taken to the Papakura police station where he says he was hosed down in the detoxification cell while officers laughed at him.

His left testicle swelled and was eventually removed after a clot formed.

Yesterday, the constables involved in his arrest told Judge Josephine Bouchier they did not see the plaintiff kicked in the groin and said excessive force was not used.

Mr George told the court Mr Pure was intoxicated and aggressive when police arrived.

He said Mr Friend pepper-sprayed Mr Pure, who was eventually brought to the floor struggling against the officers who were trying to handcuff him.

"I recall holding both his legs on the ground," Mr George said.

Mr Carter told Mr Pure's lawyer, Nicolette Levy, there was no reason for force to have been applied to Mr Pure's testicle during the struggle or for Mr Pure hitting anything which could have injured him.

Mr Bass told defence counsel Anna Pollett that any force used against Mr Pure was justified and "just over trifling".

He said that when he arrived at the scene Mr Pure was lying outside on the ground.

Mr Pure tried to kick him twice and Mr Bass used his foot on his knee to stop it.

While Mr Pure was being carried to the car he was struggling and he [the witness] used his torch to tap the plaintiff's knee twice - not hard, "just to let him know someone was there".

Mr Bass said he later filed a use-of-force report - one of only five he had filed in 12 years as a police officer.

The case continues today.