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Police watchdog slams investigation into officer who struck two youths who were not resisting arrest

Author
Sam Sherwood, NZ Herald,
Publish Date
Thu, 10 Aug 2023, 12:51pm
Photo / File
Photo / File

Police watchdog slams investigation into officer who struck two youths who were not resisting arrest

Author
Sam Sherwood, NZ Herald,
Publish Date
Thu, 10 Aug 2023, 12:51pm

Police鈥檚 watchdog has heavily criticised an investigation into an officer who was captured on CCTV striking two youths who were not resisting arrest.

The watchdog says police 鈥減re-emptively exonerated鈥 the officer, and appeared to have 鈥渘o regard鈥 to their view on the investigation.

The Independent Police Conduct Authority (IPCA) released a summary of the investigation on Thursday.

According to the summary, the incident occurred on December 18, 2021, when police were searching for five youths who were suspected of committing a ram raid on a shop in Bay of Plenty.

The group had abandoned their car and fled, with police pursuing on foot and in their cars.

鈥淲hen police encountered one of the youths, an officer took him to the ground by force to arrest him.

聽鈥淗aving done so the officer struck the youth several times with his hand, fist, and knee. The officer also walked over to another young person who was being held face-down on the ground by another officer, and struck him at least twice with an open hand.鈥

The IPCA said the officer鈥檚 actions were recorded on a nearby traffic camera. Neither of the youths were resisting arrest when they were struck, the IPCA said.

聽鈥淭he officer was subsequently charged (but only after the Authority had disagreed with the initial Police decision that the force used was justified).

鈥淗owever, the charges were later withdrawn on the advice of the Crown Solicitor. Almost immediately after that decision, police decided that the officer should not face an employment process.鈥

The IPCA said it raised concerns with police once they became aware of the decision, as they believed that the threshold had been met for an employment process.

鈥淚n the Authority鈥檚 opinion, police have pre-emptively excused the actions of an officer which, at the very least, reached the threshold justifying an employment investigation.

鈥淭he Authority is strongly critical of the decision by Police not to initiate an employment investigation into the actions of this officer.鈥

The IPCA believed the use of force was not justified.

鈥淚t is also concerning that police appear to have had no regard to the Authority鈥檚 view, and offered no reasonable explanation as to why no employment action was taken.鈥

IPCA chair Judge Kenneth Johnston wrote a letter to Police Commissioner Andrew Coster regarding the investigation.

鈥淒espite what appears to be clear evidence of misconduct, if not serious misconduct, by an officer, and despite an internal recommendation to initiate an employment investigation, Police have pre-emptively exonerated [the officer].

鈥淚t must be beyond argument that Police should be held to the same standard of behaviour as the public and, in our assessment, the public would be unlikely to accept that this has happened here.鈥

Police have been approached for comment.

Sam Sherwood is a Christchurch-based reporter who covers crime. He is a senior journalist who joined the聽贬别谤补濒诲听in 2022, and has worked as a journalist for 10 years.

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