Police officer denies cell assault
A police officer is due to stand trial after allegedly assaulting a prisoner in a courthouse cell.
A judge-alone trial date is yet to be set for Graham Wehipeihana, a 62-year-old police sergeant based in Palmerston North.
He has pleaded not guilty to assaulting Tyson Joel Bennett. The charge carries a maximum punishment of one year in prison.
While the alleged assault happened in November last year and Wehipeihana was charged in May, it has taken several months for court documents detailing the full extent of the allegations to be provided to Stuff.
The documents say Wehipeihana, who listed his home address on court documents as the Palmerston North police station on Church St, was on duty in full uniform at the time of the alleged assault.
He was at the city’s courthouse as 12.30pm, working as the officer in charge of the court section. Bennett was locked in a cell, having been arrested the previous evening.
The police summary of facts states Bennett was under the influence of methamphetamine and displaying aggressive, irrational and disruptive behaviour. Wehipeihana left a nearby office and went towards Bennett’s cell to tell him to be quiet.
He tried to shut the flap on the cell door, but Bennett stuck his arms through it, preventing it from closing. The summary of facts states Wehipeihana, wearing his police boots, stepped back and steadied himself before using his right foot to twice ‘‘forcefully’’ kick Bennett’s arms.
He then steadied himself again before kicking with his left foot, verbally remonstrating with Bennett, then kicking him once more with his left foot, the summary states. He then reached to grab Bennett’s arms, but Bennett moved them inside the cell, giving Wehipeihana an opportunity to close the cell door flap. Bennett had swollen and bruised arms, but did not need medical treatment.
In the police summary section titled ‘‘defendant comments’’, Wehipeihana said he thought it was necessary to kick Bennett’s arms so he could close the door flap. He wanted to prevent Bennett from grabbing people.