Colleagues in police on edge after case
Union says cops nervous over the prosecution of three fellow officers
As three “shattered” Taranaki officers acquitted of manslaughter take stock of their not guilty verdicts, officers around the country are considering the effects of the prosecution.
Ha¯wera ergeant Sandra Shaw, probationary constable Corey Waite and constable Craig Longworth were this week found not guilty of the manslaughter of Allen Ball, 55, after a trial in the High Court at New Plymouth.
Many of their family, friends and colleagues sat through each day of the three-week trial, which heard evidence from senior police as well as medical experts.
If found guilty, the officers — who faced a maximum sentence of life behind bars — would have been the first in the country to have had such a serious work-related conviction.
Police Association president Chris Cahill, who attended much of the trial, said the officers were still “pretty shattered” from being arrested, charged and tried.
“It’s been a very stressful situation, the adrenaline has all worn off, they’re physically shattered and mentally pretty beaten up but obviously still relieved at the result.”
The jury deliberated for three hours, unconvinced of the Crown’s argument that the trio were grossly negligent in their duty by failing to call for an ambulance, or take Ball to nearby Ha¯wera Hospital for a checkup after he fell into a deep sleep following his arrest at his Hastings Rd home late on May 31, 2019.
The fact the trio were charged with culpable homicide had been felt not only by the officers but also their colleagues, said Cahill. They were now worried they too could face the same process by making a mistake.
“I think the idea that they could be held culpable for manslaughter for making a mistake or an omission in a complex role right across, it could be in all sorts of things, a fleeing driver incident, that has certainly made them quite nervous.”
Cahill said most police officers had dealt with drunks but had always expected them to wake up again.
None was aware that snoring could be a dangerous sign, an issue that rose during the trial.
“If someone had said that he’s already taken medication or opioids then everything would have changed, it was the fact that the mindset that ‘this is a drunk’ and that is one of the lessons to be learned from it.
“There’s not many officers that wouldn’t have put a drunk in the cell snoring at some stage in their career.”
Cahill confirmed the association
had footed the whole bill to fight the prosecution but wouldn’t be drawn on how much that had cost.
Police were contacted for comment about when the officers could get back to work, but a spokesperson said they were limited in what they could say about “confidential employment matters” other than that the officers had been stood down.
The spokesperson also said police college strove for “continuous improvement and is constantly reviewing training in light of legislation, policy, practice improvement and recommendations from bodies like the Independent Police Conduct Authority (IPCA)”.
An IPCA investigation into Ball’s death is ongoing and a coronial inquest is pending.
“Issues such as training are likely to form part of those investigations, and police will further consider any recommendations made by the IPCA and/or the Coroner,” the police spokesperson said.
Police train about 800 staff a year at the Porirua college.
“A number” of system changes have been made to the Electronic Custody Module in the police National Intelligence Application — where prisoner details are entered on arrest — to improve risk assessment for monitoring people in custodial care.
“The changes include prompts, improved system features, and amendments to how certain information is presented to help staff keep the people in our custodial care safe.
“Changes have also been made to the NIA alerts and relevant notifications since Mr Ball’s death. They now require a supervisor to review any entry that assesses a person’s level of consciousness as unresponsive or partially responsive.”
Allen Ball’s family haven’t responded to a request for comment.