Use of force by police on man who suffered punctured lung not justified, IPCA finds
Hastings police used excessive force when they arrested a man who suffered serious injuries including a fractured neck, punctured lung and broken ribs, the Independent Police Conduct Authority has found.
However, police have rejected the finding, saying the officer involved used appropriate force given the circumstances.
The man ran from a stopped car containing a firearm and drugs in Hastings at about 1.45am on January 18, 2021.
A Police dog handler tracked the man, who was contained in a fenced-off area, in a construction site. During his arrest, the man was pepper sprayed twice. Several officers lifted a section of the fence from its footing to arrest the man, who began to lie face down on the ground.
Three officers entered the fenced-off area. The first officer who entered through the fence, ran at, and jumped onto the man’s back, pinning him to the ground with his knee. The man held his arms underneath his body, preventing the officer from handcuffing him. The officer punched him several times to get him to release his arms.
The man sustained serious injuries including a punctured right lung, fractured ribs, a fractured neck vertebrate, and a cut on his scalp.
The Independence Police Conduct Authority says police were justified in using pepper spray on the man, identified as Mr X.
However, a police officer was not justified in jumping on Mr X to prevent him from escaping or in punching him to overcome his resistance.
Authority Chair, Judge Colin Doherty accepted the officer thought the man might have had a concealed weapon.
"However, in this case, we find the risk of that was low, and not imminent. The officer caused significant injuries, and the degree of force employed was disproportionate to the risk Mr X posed by his actions in kneeling or lying down."
"We deem that there were enough officers present to deal with the resistance the man offered to his arrest; in addition, the low likelihood of the perceived risk meant that the level of force used by the officer was ultimately unreasonable.
Acting Eastern District Commander Inspector Andrew Sloan says the man posed a serious threat to officer safety, and force was necessary to control the situation.
“When first challenged by Police the offender fled from a vehicle in which a firearm was located and officers were rightly concerned he was carrying a second, concealed weapon,” Inspector Sloan says.
“The man, wanted for a series of serious offences across multiple districts, went to great lengths to evade Police and repeatedly failed to comply with officers’ instructions.”
He says police staff are faced with challenging situations that require them to act decisively every day.
“It is always unfortunate when Police find themselves in circumstances where they must resort to using force.
However, doing so is a tactical decision made after assessing the threat, the exposure to harm, the necessity to act, and the best response considering all those factors.”
Sloan says the man’s injuries were regrettable.
He received medical aftercare following the arrest. The man was ultimately found guilty on a charge of resisting arrest.
