Tauranga police officer convicted, quits after kneeling on man's head during arrest

A Tauranga police officer has resigned after two complaints against him were upheld by the IPCA, resulting in him being charged and convicted of recklessly injuring an offender. Photo / NZME

A Tauranga police officer who knelt on the head of a person he should not have arrested has resigned from the force after being charged and convicted for injuring the man.

The same officer was also found to have used excessive force in the arrest of a vulnerable 14-year-old who was in Oranga Tamariki care.

The detail of both incidents has only today been released by the Independent Police Conduct Authority.

In September 2018, the officer, who has name suppression, was patrolling Tauranga's central business district and noticed a man urinating on the roller door of a fresh produce store, the IPCA report said.

The officer and his partner spoke to the urinator and a verbal altercation ensued. The officer told the man he was under arrest, pushing him onto the bonnet of the police car.

He then put the man on the ground, kneeling on his head. Handcuffs were applied by the other officer and the offender was raised off the ground by the chain of his handcuffs.

The arrest was captured by nearby CCTV cameras, which informed the authority's investigation.

The man was taken back to Tauranga Police Station and again forced to the ground when the officer accused him of resisting arrest.

The officer was not justified in arresting the man, and therefore all subsequent uses of force were unlawful.

The use of force while at the police station constituted an assault, being unnecessary and unjustified, the authority said.

In relation to the arrest, the officer was charged with two counts of assault and one charge of injuring with reckless disregard.

The two assault charges were later withdrawn, but the officer pleaded guilty to the recklessly injuring charge and was sentenced to nine months' supervision and ordered to pay reparation of $1000.

Bay of Plenty police boss Superintendent Andy McGregor accepted the conduct of the officer fell short of Police expectations. Photo / NZME

During its investigation, the authority found the officer was deliberately dishonest about the man's behaviour. The officer's partner's version of events also lacked credibility.

IPCA chair Judge Colin Doherty said the actions of the officer could have resulted in serious consequences.

"In throwing the man to the ground in the street and deliberately kneeling on his head, sometimes with his full weight, the officer's actions posed a significant risk of serious harm to the man.

"The officer's actions in poking the man in the chest, pushing him onto the bonnet of the patrol car by his throat, pulling him to his feet by the handcuffs and shoving him in the back were all unnecessary and therefore unjustified uses of force. They were excessive and unlawful.

"The cumulative effect of all the uses of force showed that the officer had no regard for the man's wellbeing."

Officer used 'excessive force' against 14-year-old

In a separate incident in March 2019, the officer responded to a report of an aggravated robbery at an internet cafe in Tauranga by a youth offender.

The teenager in Oranga Tamariki care, who had been with social workers at the cafe, stole a mobile phone from another patron, the authority said.

Arriving at the scene, the same officer agreed to let the social workers talk with the teen in an effort to get him to return the phone. The officer and his partner waited in an adjoining room.

The efforts of the social workers were successful, with the teen handing over the device.

The officer approached the young male and informed him he was under arrest for theft - an arrest found to be lawful by the IPCA.

But without warning, the officer "lunged" at the teen from close range. He put both his hands around the offender's neck and "slammed him" into a window.

His justification for the use of force was that he believed the youth was about to become aggravated and could have possessed a concealed weapon.

The teen suffered soft-tissue damage to his shoulder during the altercation.

One of the social workers who witnessed the arrest complained to the IPCA, which in turn launched an investigation.

The authority found the assault was an unjustified use of force.

"We do not believe that [the youth] was acting as if he were going to remove a weapon from his clothing, nor do we believe that [the officer] thought he was doing so.

"We do not accept that [the officer] was acting in defence of himself or anyone else. His use of force on [the youth] was unreasonable and excessive."

A charge of assault was also laid against the officer in relation to this incident but was later withdrawn.

Responding to both sets of findings, Bay of Plenty District Commander Superintendent Andy McGregor said the officer at the centre of the complaints had fallen short of expectations.

"Our staff come to work every day with the goal of keeping the community safe from harm. This officer's actions did not align with that collective goal," McGregor said.

"On both of these occasions a thorough police investigation was carried out and appropriate action taken when we found the officer's use of force to be unjustifiable."