Use of Taser not justified in West Auckland arrest incident

Sergeant Darrin Putt demonstrates a Taser, at Police National Headquarters. Photo / Mark Mitchell

The Independent Police Conduct Authority has found that a West Auckland police officer was not justified in his use of a Taser when arresting a member of the public in March last year.

Police say they acknowledge the finding and said while there were "other options" available to the officer - if the offender had listened to instructions he never would have been tasered.

"Ultimately, if this offender had listened to the police officer rather than attempting to run off and resist arrest, then this would have been resolved in a much simpler manner," said Waitemata Police District Commander Superintendent Tusha Penny.

The arrest took place after the officer saw a man on a motorbike ride past him at high speed on March 4 last year.

The man - wanted on outstanding warrants for failing to appear in court - was forbidden from driving and in possession of methamphetamine.

He was soon found hiding behind a fence on a nearby property.

Superintendent Tusha Penny said she accepted there were other options available to the officer. Photo / Jason Oxenham

The officer drew his Taser and pointed it at the man, shining its laser sights on him as a warning, a technique known as "laser painting".

The man initially obeyed instructions, however, when the officer radioed for backup, the man ran away.

The officer chased him down the street, and warned the man again to stop, and that he had a Taser.

The man kept running.

The officer later told the IPCA that he was concerned that the man might take the police car which was parked close by.

So, he tasered the man in the back, causing him to fall face-forward on to the driveway.

The man suffered facial injuries, and was knocked unconscious.

The officer again called for backup, and an ambulance.

Another officer arrived shortly afterwards, and they helped to put the injured man into the recovery position while they awaited the ambulance.

In a report released today the IPCA found that the officer was justified in arresting the man for his dangerous driving and in exercise of outstanding warrants for his arrest.

However, he was not justified in laser painting or discharging his Taser at the man.

Police policy requires that when an officer uses a Taser on someone, the person must be "assaultive" - meaning they are "showing an intent to cause harm, expressed verbally or through body language or physical action".

"Although Officer A felt vulnerable, Mr X's behaviour was not assaultive, and Mr X was not presenting an immediate threat. Officer A had other options available to him" said IPCA chair Judge Colin Doherty.

The IPCA also found that the officer should have provided medical assistance immediately after the man was tasered.

Penny said she acknowledged the IPCA findings.

"We also note the authority found the arrest of the male, who had outstanding warrants for failing to appear in court, was forbidden from driving and in possession of methamphetamine, was justified," she said.

Penny revealed the offender was charged with resisting police, driving in a dangerous manner, possessing methamphetamine and failing to comply as an unlicensed driver.

He admitted the charges in court and was sentenced to two years intensive supervision, 200 hours community work and was disqualified from driving for six months.

Penny said she accepted there were other options available to the officer.

"Our staff are put in dangerous situations everyday where they are forced to make split second decisions to protect both themselves and the community," she said.

"Our officer made an assessment based on the information available to him at the scene and feared this offender was going to potentially put members of the public at risk, however we acknowledge that with hindsight, there were possibly other options available to the officer.

"It is always preferable that incidents of this nature can be resolved peacefully, however offenders can be unpredictable.

"Our staff are trained to deal with a variety of situations, however they don't always get it exactly right but in the majority of cases they are making decisions, in good faith and with the best of intentions."

Penny said that in line with standard police procedure, an internal investigation was also conducted into the incident

"And as with any incident of this nature, lessons have been learnt and we continue to provide further tactical communications training to our staff," she said.

"Police also acknowledge the IPCA's finding that the officer should have provided first aid immediately after the offender was tasered.

"We note, however, that the officer involved immediately called for an ambulance after discharging his taser and assisted the offender to ensure his safety as soon as back-up police staff arrived around 70 seconds later.

"However, once the second officer arrived, appropriate steps were taken to ensure the man's safety."