Human element to police detention rules

Police officers follow a clear and strict arrest process when detaining offenders but there is still a ‘‘human dynamic’’ to the system, a former top cop says.

On Wednesday police laid manslaughter charges against three Taranaki police officers – a woman and two men – in relation to the death of a man in custody at the Ha¯ wera Police Station in June 1.

It has been alleged they were grossly negligent in their duty of care to a 55-year-old man and that this negligence was a causal factor in his death.

Lance Burdett, who previously investigated police and led the investigation into four Whakata¯ne officers cleared of assaulting a prisoner with batons and pepper spray in 2006, said the decision to charge the Taranaki officers would not have been made lightly.

Offenders were often monitored if their wellbeing was compromised, if they were intoxicated, injured or had a medical condition, he said.

But while there were guidelines to determine how often a detainee needed to be checked, Burdett said it was essentially based on the officer’s judgment.

‘‘This has a human dynamic too, in that we are all different and that we assess things differently.

‘‘We bring in the human equation, and we are relying on ourselves to make that assumption.’’

The man, whose name has been suppressed, died in the cells in the early hours of June 1, 2019, after he was arrested for assault following a family harm incident at a Ha¯ wera address hours before.

During a routine check, the man, who was intoxicated at the time of his arrest, was found unresponsive and police staff performed CPR until ambulance staff arrived. Paramedics continued CPR for more than 30 minutes before the man was pronounced dead. It has not been revealed how often the man was checked while in the cell. There has been no suggestion his death was the result of any physical or violent confrontation between him and the officers.

The dead man’s sister claimed police had told her the man was unresponsive when he arrived at the station and that four officers had to carry him inside.

Human rights barrister Dr Tony Ellis said it went without saying anybody detained by police should leave without injury.

‘‘It’s a fundamental human right,’’ he said. ‘‘And if it doesn’t happen there is an obligation on the state to explain why it didn’t happen.’’

Ellis said it was ‘‘remarkably poignant’’ this was the first time that serving officers had been charged with manslaughter in New Zealand. But he criticised the length of the investigation, which took one year. ‘‘I wonder if we can’t investigate faster than that and come up with a conclusion because for the family it’s obviously a tragedy, and they need to settle and get through the grieving process.’’

‘‘This has a human dynamic too, in that we are all different and that we assess things differently.’’

Lance Burdett