Man flung into wall and knocked unconscious by custody officer
Tuesday, 11 June 2019
A custody officer failed to respond to a prisoner's injuries after restraining him, the police watchdog says.
The Independent Police Conduct Authority said a man was arrested and restrained with excessive force at the Counties Manukau District Custody Unit in 2017.
Officers said the man, who was arrested for breaching his bail conditions after drinking vodka, was 'fooling around' and intoxicated, but the custody officer believed he was being aggressive.
'[The man] started kicking the cell window and yelling out', while using explicit and threatening language towards police while in a holding cell, the custody officer told the IPCA.
**READ MORE:
* Police Watchdog rules officers who put teenager in a headlock acted lawfully
* Police failed to suitably monitor woman who self-harmed twice in custody, investigation finds
* Police use of pepper spray on drunk man was unjustified and unlawful, IPCA says**
Later, the man tapped his open hand 'lightly' on the custody officer's chest, who interpreted it as an assaultive 'back-slap'.
Other officers described the man as 'mucking around, being a clown' rather than a physical threat.
While being moved to a unit, the man hit a window with his hand.
The custody officer took efforts to control the man by flinging him into a wall causing injury to his head, knocking him out.
The man slid down the wall to the floor, as captured on CCTV. Another custody officer attempted to restrain the unconscious man.
CCTV footage captured earlier showed the man to be 'generally co-operative and quite talkative' while officers engaged with the man, including with smiles and laughter, while he was patted down.
The detainee refused to be seen by a doctor, but was eventually seen when a doctor came to visit another person in custody.
Police told the doctor the man had consumed alcohol, but failed to mention his possible head injury.
The IPCA found a doctor should have been called, despite the man's wishes.
The custody officer was found to have used 'unnecessary and excessive' force against the man, authority chair Judge Colin Doherty said.
It was recommended police provide relevant CCTV footage to doctors visiting detainees in the future.
Counties Manukau district commander superintendent Jill Rogers said police accepted the ruling and had taken appropriate action as a result.
The officer involved would undergo an employment investigation and remains in the police force.
'As police we acknowledge that we have a duty of care for people that are held in the custody unit,' Rogers said.