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Opinion
Home / Gisborne Herald / Opinion

An unlawful use of force

Opinion by
Gisborne Herald
19 Dec, 2023 05:36 AMQuick Read

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A109 Light Utility Helicopter flight with mayor Gisborne City from the air in November 2023.

A109 Light Utility Helicopter flight with mayor Gisborne City from the air in November 2023.

Although I hesitate to reopen old wounds, you will remember that last year I took exception to the actions of a police NCO at the protest outside Parliament. Having previously served in the police for 25 years, I recognised that his actions amounted to a serious assault on an elderly man . . . yet some local correspondents, whom I shall refer to as “the usual suspects”, accused me of being disloyal to the police.

A report in Friday’s NZ Herald by reporter Derek Chang comments on that specific case, which was widely reported even overseas as the “eye gouging case”.

“The IPCA findings, by Judge Kenneth Johnston KC and released yesterday, followed an examination of 21 specific complaints that warranted further investigation . . .”

This specific matter involved an elderly complainant named Mr Peters being eye gouged and punched when he was not resisting or apparently committing any offence. Chang’s report identifies this incident as one which the IPCA referred back to the police:

“An officer reached through a line of police and punched a man in the head, and then stuck his thumb into the man’s eye-socket. The man was not being aggressive, so these were both an unlawful use of force. The man then lunged at the officer, and the officer punched him in the stomach several times — which was deemed reasonable and proportionate.”

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That reported finding fails to mention the advanced age of the complainant, the visible injuries he suffered in the assault, or the fact that only minutes before this incident, the same policeman was videoed reaching through his police line to indiscriminately punch other protesters.

One would hope that Derek Chang will follow up with the police to see what sanctions are brought against the officer concerned.

I suspect that Mr Peters will have received a substantial cash settlement to prevent the policeman being charged in open court.

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Dennis Pennefather

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