Police to meet ex-partner over compensation claims

File photo / Rotorua Daily Post

Police are to meet the ex-partner of the man who committed suicide in a Rotorua police cell, after she publicly called for an apology and compensation.

But police would "not pre-empt" the meeting by discussing a possible apology or compensation claims, Rotorua area commander Inspector Bruce Horne said today.

Rotorua chef Anthony McGuire, 33, killed himself less than four hours after being arrested in May 2008 for allegedly assaulting former partner, Donna-Maree Francis and drink-driving.

His daughter, Aaliyah, was just five weeks old when he died.

A report from the Independent Police Conduct Authority (IPCA) released yesterday found police failed in their duty of care, placing him in a cell without making a risk assessment, searching him or removing personal items such as jewellery, a lighter, clothing cords and shoelaces which he could use to harm himself.

Less than four hours later he was found unconscious and could not be revived.

His death could have been prevented if several police officers had followed correct procedures and custody officers were better supervised, the IPCA found.

Miss Francis says she would like an apology and compensation from police. She said it was sad Aaliyah, now two, will never know the father she so closely resembles.

"That's been the hardest part, to look at her [Aaliyah] every day and see him [Mr McGuire] very strongly," Miss Francis told Rotorua's Daily Post. "She still kisses his photo."

She said she would like financial compensation or counselling support for her daughter growing up.

"At least an apology would be great."

Mr Horne said in a statement today that now the report was out, police were willing to meet Miss Francis to discuss "any outstanding areas of concern that she may have".

This week he said police had learned lessons from the "extremely upsetting" experience.

They had since strengthened systems at Rotorua and other Bay of Plenty police stations, to include double searches and removal of personal property, including shoes, better supervision and staffing.

"We acknowledge there were lapses in our procedures in this case and police have taken learnings from this."

An IPCA spokeswoman said it was up to the police whether to make an apology or compensation, but no such recommendation had been made in its report.

While the complaints body had the power to recommend an apology, it had not done so in this case, after considering all the actions police had taken since the incident.

Compensation claims could be "extremely complicated" with decision needed at cabinet level and involving the Minister of Justice, she said.

The IPCA's report said police considered whether any officers were criminally liable for Mr McGuire's death but found they were not after consulting the Crown Solicitor.

However, the temporary sworn officers and the constable were given written warnings.

- NZPA