Sergeant throttled prisoner - constable

Police sergeant Martin James Folan is on trial at the Auckland District Court on various assault charges. Photo / Brett Phibbs

A young constable has described seeing her sergeant throttle a prisoner half a metre from her face as she processed him for bail.

Martin James Folan, on trial in the Auckland District Court, has denied six charges of assault and one of injuring with intent to injure. He is accused of assaulting five prisoners, one of whom had to have a testicle surgically removed.

Constable Catherine Haare said she had been out of police college for nine months when she was working under Folan at the Henderson police station on December 8, 2009.

Minora Kea had just been arrested for disorderly behaviour and was brought into the station in the early hours of the morning.

Ms Haare said Mr Kea spent about three hours in the cells before being allowed out to be processed for bail.

She told the court Mr Kea stood at the processing counter and was being a "bit smart" with Folan.

"I don't know who started it but Sergeant Folan and Mr Kea had words with each other ... Both got quite heated ... It was going both ways."

She said Mr Kea had posed no danger to her or her fellow officers.

"I recall Sergeant Folan saying something like: 'Okay, I'll come and sort you out' ... He grabbed Mr Kea by the throat and pushed him up against the wall."

Afterwards, Folan followed Mr Kea out of the processing area and shook his hand before returning.

"We had a conversation about if I had an issue with what had happened."

CCTV footage of the incident was played to the jurors yesterday while Ms Haare gave a brief commentary.

Earlier Constable Reuben Jakich said he saw Folan bang a prisoner's head twice against concrete.

Jerrilee Tuiva had breached bail conditions and was brought to the police station on the same night. He was drunk and began getting violent.

It took five officers to control him, including Folan, Mr Jakich and Ms Haare. Mr Jakich said he saw Folan bang Mr Tuiva's head against a concrete ramp. Ms Haare said she did not see the incident as she was trying to contain one of Mr Tuiva's legs.

Mr Jakich said Mr Tuiva was then taken into a cell where Folan banged his head against the concrete floor.

Cross-examined by Folan's lawyer, Richard Earwaker, Mr Jakich said he could not recall if it was the first time Folan entered Mr Tuiva's cell or at another time.

Mr Earwaker asked Mr Jakich if he had made errors in his recollections after being asked by his seniors to review incidents involving Folan.

Mr Jakich responded: "Do you think I enjoy being up here, giving evidence against my sergeant?"

The constable has given evidence on four of the five alleged assaults.

The trial had been set down for seven days but is now likely to last all next week.