Man left in cell for 48 hours may get compensation

The Wairarapa man accidentally left in a court cell without food over the weekend is likely to be in line for compensation, as discussions between his lawyer and police continue.

The man, who has name suppression after pleading guilty to drink-driving, was granted bail and set to be released from a holding cell at Masterton District Court on Saturday morning.

However, police forgot about him, and he was not discovered until nearly 48 hours later when the court reopened on Monday morning.

Human rights lawyer Michael Bott said the man’s right to liberty had been breached, and he would have several courses of action under the law.

‘‘He would have an action [under the Bill of Rights Act] for false imprisonment, arbitrary detention or something like that. In addition, he might also have a remedy perhaps in tort law.’’

He added that the police might offer compensation, though it might not be much. ‘‘In cases such as this, where the police basically have behaved negligently or breached someone’s rights, they have demonstrated a tendency towards an approach of ... shall we say, deep pockets but very short arms.

‘‘In other words, they often

"Imagine being stuck in there for 48 hours.'' Red Hawkin.

don’t want to pay very much at all.’’

In January 2012 two Upper Hutt teenagers are believed to have reached a compensation settlement with police after being arrested, strip-searched and locked up for 36 hours in a case of mistaken identity.

A 16-year-old and her 14-yearold cousin were arrested on a Saturday after police received a complaint about an attack on two other teenage girls.

The pair were taken to Upper Hutt police station, strip-searched and placed in individual cells until their court appearance on the Monday.

Red Hawkin, of Masterton, said he was once left in police cells in Auckland overnight in error and he understood the man’s predicament and that someone should be reprimanded.

‘‘I think it’s a bit sad. Imagine being stuck in there for 48 hours with no-one around.‘‘

Insurance broker David Dale thought it ‘‘a bit bloody rough’’.

‘‘Whether you deserve to be in there or not, you deserve to be fed and watered, and for someone to know you are in there.