Policeman awaits fate on pepper spray

A police officer charged with assaulting a man with pepper spray will have to wait three weeks to find out if a judge believes his use of the spray was justified.

Wellington District Court judge Michael Behrens, QC, yesterday reserved his decision until October 27 on whether a police officer was justified in using pepper spray against a man he was trying to arrest.

The constable, who has interim name suppression, denied assaulting Ben Viane on March 12 in Masterton.

Mr Viane was accused of assaulting another person earlier on that day, at a party at another address.

Police allege the constable was not justified in using pepper spray to arrest Mr Viane.

Giving evidence in court yesterday, the constable said Mr Viane was intoxicated at the time of the arrest.

He asked Mr Viane what happened earlier, but all he said was he "wanted to go and sort the missus out".

The constable said Mr Viane came over to where he was standing. He placed his hand on Mr Viane's chest to stop him from walking past. Mr Viane kept moving and the pair moved together down the driveway.

Mr Viane kept repeating that he wanted to go and see his girlfriend but the constable told him that would not be a good idea.

The constable said he understood Mr Viane had tried to strangle a woman earlier.

He said that after he first made contact with Mr Viane he did not see two other constables who were also at the address, although they both gave evidence that they could see him.

He said he and Mr Viane increased the pressure they were placing on each other. He told Mr Viane several times to stop walking and part way down the driveway decided to arrest him.

"I told him he was under arrest for assault. He didn't react to those words in any way other than to continue to try and push past me.'

When Mr Viane tried to step around him he decided to use his pepper spray to make the arrest. The circumstances were not appropriate for using other methods, he said.

He sprayed Mr Viane, which was "immediately effective". Mr Viane crouched and yelled in pain, then sat on the ground as instructed.

The constable's lawyer, Noel Sainsbury, asked him why he did not warn Mr Viane he was going to use the spray, as was police practice.

The constable said he was too close to Mr Viane, who could have grabbed the spray or pushed his hand away.

Mr Sainsbury said his client's decision to arrest Mr Viane was appropriate.

- NZPA