Officer’s use of force ‘not justified’

A police officer who pinned a teenage boy to a cell wall by the throat used excessive force, the Independent Police Conduct Authority has found.

The officer’s actions were ‘‘excessive and contrary to law’’.

About 10.30pm on November 21, 2014, police were alerted to two boys acting suspiciously south of Taupo, who had subsequently hitched a ride from a passing vehicle.

Two officers stopped the vehicle and, concerned about the safety of the two boys, decided to take them home.

One boy was taken home but the other refused to give police his address and was taken back to the Taupo station.

On the way there officers discovered the 15-year-old had a full can of pre-mix alcohol with him.

According to the IPCA report one officer stopped the patrol car and held the boy down on the back seat to remove the can, search and handcuff him due to safety concerns for both officers.

Back at the station the boy was taken to an empty cell, followed by the Officer A, who grabbed the boy and held him against the cell wall by his throat.

Officer B witnessed the incident, and felt the use of force was excessive, and reported their concerns to a supervisor.

The report found police were justified in detaining the boy and taking him back to the station to find his current address, and using reasonable force to remove the can of alcohol, search and handcuff the boy in the back of the patrol car.

But grabbing the boy by the throat, amounted to excessive force and was contrary to law, said IPCA chair, Judge Sir David Carruthers.

‘‘The authority is satisfied that the boy was only verbally resisting going to his mother’s house when he was grabbed by Officer A and held against the cell wall by his throat. This degree of force was not justified in the circumstances.’’