A drink-driver was in the back of a police car - with his hands cuffed behind his back and without a seatbelt - when it chased a vehicle that had tried to run down a policeman.
In the Christchurch District Court yesterday, Judge Philip Moran threw out the drink-driving prosecution against Michael John McNeill because of what happened to him after he was arrested.
Judge Moran said McNeill had been subjected to a very uncomfortable ride, potentially exposed to significant danger, and his arrival at the police station had been considerably delayed.
Although the judge dismissed the drink-driving charge he held that a charge of refusing to give his name and address to a policeman was proved, and McNeill admitted driving while disqualified.
He sentenced McNeill to six months' periodic detention for disqualified driving and gave him a final warning that he would be jailed if he offended again. He is already on a final warning for drink-driving.
The court was told that when McNeill was stopped he did not give his name. There was a struggle, more police arrived, and McNeill was put in the back of the patrol car with his hands cuffed behind his back.
When a car drove towards them fast a constable jumped into the patrol car and drove after it at high speed.
Another patrol found the car but McNeill remained in the police car for up to 30 minutes while the other driver was interviewed and arrested. He eventually kicked the door and was allowed out for a cigarette with one hand cuffed to the door.
- NZPA
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