The use of force by two Auckland custody officers – who stomped on a detainee’s legs, slapped his head, and kneed his torso – was unjustified, the police watchdog has found.
The Independent Police Conduct Authority (IPCA) released a report on the October 31, 2022, incident detailing how two custody officers attempted to restrain a man within the Counties Manukau Custody Unit.
The detainee was in a custody unit, waiting to appear before the Manukau District Court, when he became “aggressive” and “disruptive”, shouting and kicking the door.
This led to one of the officers deciding the unruly man needed to be transferred back to police custody.
CCTV footage showed that when the officer entered the cell, the detainee took an aggressive stance, facing the officer with raised fists.
“[The detainee] told us he was upset because [the custody officer] was antagonising him about his shouting and kicking the door,” the report noted.
The officer said he tried to get the detainee to come out peacefully but concluded that, due to the man’s stance, he was going to assault the officer.
He took the detainee to the ground to avoid being struck, and a struggle ensued between the two.
A second officer entered shortly after and was joined by four others. All six worked to handcuff the detainee and an officer held his legs.
During the struggle, the detainee’s restrained legs were stomped on by the two officers. One of the officers slapped him twice in the head, and then another used his knee to strike the detainee “multiple times”.
The man was also slapped and kneed after being handcuffed on the ground.
After the struggle ended, the detainee was walked back to the police cells and then transferred back to prison.
He had no lasting injuries and did not seek medical attention. He told the IPCA he had a “sore wrist and back” following the incident.
“Despite the detainee lying face down on the concrete cell, motionless with multiple officers on top of him, both custody officers told the authority that the strikes were necessary as they were struggling to control him,” the IPCA said.
The IPCA investigation found that the officers’ explanations were “contradicted by the evidence and that the strikes were gratuitous and excessive” and that their use of force was “unjustified.”
Police had deemed the actions of the first two officers on the scene to be justified, aside from a knee strike that came after the detainee was handcuffed. One of the officers was charged with common assault because of this.
He pleaded guilty to the charge and completed diversion.
The two officers were no longer employed by police.
In a statement, police acknowledged the IPCA’s findings and called the charged officer’s decision to knee the detainee “completely unacceptable”.
Commander Superintendent Shanan Gray said custody unit officers’ work was “very challenging and volatile”.
“The staff working in custody units must make quick decisions, dealing with people who are often aggressive and violent however, we have a responsibility to ensure that those who come into our custody units are cared for professionally and that the behaviour of our staff aligns to our Police values.
“One of the custody officer’s behaviours fell short of the high expectations we set for ourselves, and he was charged accordingly,” Gray said.
