Nelson Mail

Officer leg-swept man at station

- Martin van Beynen

A Canterbury police officer who kicked a handcuffed 59-year-old’s legs from underneath him, causing cuts and bruising, has left the force.

The Independen­t Police Conduct Authority (IPCA) in a ruling released yesterday said the officer used excessive force against the man in an incident in Ashburton last year.

Canterbury District Commander John Price said he acknowledg­ed the force was disproport­ionate and disclosed the officer, who returned to frontline duties after an employment investigat­ion, had left the police for ‘‘unrelated’’ reasons.

The ruling said police went to check a man reported to be behaving strangely and thought to have crashed his car into a bollard on July 21.

As the two officers approached the driver’s window in torrential rain, they saw the man in the driver’s seat had blood on his face and no trousers. He failed an alcohol breath test and was required to accompany the officers to the station. He told an officer to ‘‘get f ..... ’’.

He refused to comply with the police request and threw his wet pants out the window. He was arrested and one officer used force to extract him from the car and handcuff his hands behind his back.

The IPCA found that the arrest was lawful and discounted the man’s version of events. It suggested more negotiatio­n with the man might have avoided the need for force.

The attending officers (Officers A and B) gave the authority different versions of what happened in the arrest resulting in the authority being unable to determine exactly what happened at the car.

On the way to the police station Officer A cleaned blood from the man’s face with a tissue.

At the police station, Officer B, described as a strong, muscular man in his late 20s, moved the man to face a wall as he believed the man was threatenin­g and intended to spit blood at him.

The officer said he feared for his own safety so he leg-swept the man off his feet, causing him to land face first on the ground. On the way down, the man’s face hit a wall heater, causing him to bleed heavily. The man was still handcuffed.

‘‘The officer did not act in accordance with the law and police policy when dealing with Mr X in that the force he used against Mr X in the charge room was not in self-defence and was unjustifie­d,’’ said authority chair Judge Colin Doherty.

The authority also found that an acceptable delay occurred in seeking medical attention for the man.

Police officers took the man to the hospital for a blood test and he received medical treatment for his injuries an hour after the incident at the police station. He had cuts to his upper lip and chin that required stitches and also bruising to his left cheek. The hospital kept him in overnight.

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