Officer’s actions unjustified: IPCA

USING a police dog to pull a man from a car after he refused to cooperate with officers has been deemed unacceptable and unjustified by Independent Police Conduct Authority.

Authority chairman Judge Colin Doherty said other tactical options were available.

The officer involved in the incident had pleaded guilty to a charge of injuring by an unlawful act.

The driver complained to the authority about a police dog being used and being pushed to the ground, causing him to hit his head after he refused to cooperate with police.

The judge also said the dog handler’s actions — he had kicked the driver on his arm and body while on the ground — were unjustified.

The driver, who had been pulled over for speeding in the early hours of October 18, 2020 in Teviot St in Invercargill, refused to cooperate with police after failing a breath test.

Backup officers, including a dog handler, arrived at the scene to help.

The dog handler had commanded his dog to bite the driver and pull him from the car after he had refused to leave the vehicle for 15 minutes.

Two officers had already attempted to pull the driver from the car, but he had continued to resist and was verbally abusive.

The dog handler then commanded his dog to intervene.

The driver received puncture wounds to his arm, facial grazing, scratches and bruising.

Judge Doherty said ‘‘using a police dog was an overreaction’’.

‘‘In this case, the driver had been pulled over for a driving offence and did not pose a threat to the public with the car immobilised and surrounded.

‘‘He was being physically resistant and verbally aggressive but sufficient officers were present to deal with him and the two passengers.

‘‘Other tactical options, such as continued negotiation or pepper spray, were preferable to using a dog capable of inflicting serious injuries.’’

The authority’s report said two passengers were also arrested at the scene after they shouted abuse and gang slogans. One passenger spat at police, while another got out of the car and confronted officers.

Acting Southern District Commander Mike Bowman said the officer involved had pleaded guilty to a charge of injuring by an unlawful act.

‘‘Any officer whose actions are potentially criminal will be thoroughly investigated and held to account.’’

While the authority had completed its investigation into this incident in July 2021, it delayed the report’s release until after the conclusion of related court proceedings.

Mr Bowman said an ongoing employment investigation prevented any further comment at this time.

❛ Other tactical options, such as continued negotiation or pepper spray, were preferable to using a dog capable of inflicting serious injuries