Policeman convicted of pepper spray assault wants to keep his job

A policeman convicted today of assault using pepper spray wants to remain in the force.

The policeman, whose name remains suppressed, declined to comment on the conviction, or whether he would appeal.

Judge Michael Behrens did not accept an argument from the policeman's lawyer, Noel Sainsbury, for a discharge without conviction and permanent name suppression.

He convicted the policeman and fined him $500 plus $130 of costs but granted an interim name suppression until next Wednesday to allow the man time to consider his options.

Mr Sainsbury told the Wellington District Court that with a conviction the man's police career would be at an end.

"I don't accept that," Judge Behrens said.

Police spokesman Jon Neilson said police had no comment on the man's employment situation, which would be subject to an internal process once the external court process ended.

Green Party police spokesman Keith Locke tonight called for a review of the use of pepper spray.

"If we can't trust them (police) with pepper spray how can we trust them with even more dangerous weapons like Tasers?"

Mr Sainsbury said the man wanted to remain a policeman.

He would have difficulty working in a small community if his name was known. He said police played a unique role in society.

"They are not above the law," said Judge Behrens.

He said if a charge was proved the public was entitled to know who committed the crime.

He said the offence was a grave one because in effect the accused had misused the power given to police by the law.

The policeman denied assaulting Ben Viane on March 12 in Masterton.

Judge Brehrens said Mr Viane did not lay a complaint.

The prosecution relied on evidence from two other police officers, one of which gave evidence that out of nowhere the accused sprayed Mr Viane in the face.

Judge Brehrens said the constable described Mr Viane as not aggressive and his body language as submissive and said that that evidence had been compelling.

Evidence was also given that the accused said after the spraying "you shouldn't have any more problems with him".

The accused had believed that Mr Viane had been involved in a strangling incident at a party at another address earlier in the night. He had not warned Mr Viane because he was too close.

Mr Viane was drunk and repeatedly said he wanted to go and see his girlfriend.

Mr Viane was taken to the police station where an antidote was administered.

The case comes as methods police use are under scrutiny.

- NZPA