Policemen acted lawfully, assault case jury told

Two police officers charged with assaulting a man during an arrest acted lawfully in the exercise of their duty, a defence lawyer told an Auckland District Court jury yesterday.

Richard Earwaker represents Gregory Richard Hall, who faces two charges of assaulting Hayden Seath, 27, in the carpark of the Bull and Gate tavern in Albany and also in a police car on the way to Takapuna police station in November 2000.

His colleague, Christopher Geoffrey James Wharton, denies five assault charges, including three in an interview at the police station.

Mr Earwaker told the court that Mr Seath, having broken Hall's nose, knew he was in a serious predicament and fabricated accounts of the assaults.

He said police were permitted to use reasonable force to make an arrest.

The officers felt that Mr Seath was acting in a disorderly manner and arrested him. "At that point Mr Seath began resisting and struggling in a violent manner," Mr Earwaker said.

The force used by the officers to overcome Mr Seath was necessary.

Mr Seath continued to struggle in the police car, requiring decisive action from Hall, who punched him twice to stop him kicking out and to protect himself, said Mr Earwaker.

He urged the jury to put themselves in Hall's position.