'Whacks' from back of patrol car, officer tells assault trial

Police officer Richard Soper, 38, is on trial in the Whangarei District Court, charged with the assault of Wiremu Henare.

A policeman driving a patrol car in which a suspected robber alleges he was assaulted by another officer has told a court he heard a number of "whacks" coming from the back seat as he drove back to Whangarei Police Station.

Police officer Richard Soper, 38, is on trial in the Whangarei District Court, charged with the assault of Wiremu Henare, now 18, on August 27 last year. Soper has pleaded not guilty.

On the night of August 27 last year, the court has heard, Henare and an associate went to a woman's home in Maunu. Henare had hit the 68-year-old woman several times with her walking stick before taking her Audi. When police tried to stop him he had taken off, reaching speeds of up to 160km/h before the car crashed at One Tree Pt.

Henare alleges Soper punched him up to 10 times in the back of the police car while on the way back to Whangarei following his arrest.

Constable Denham Kelly told the court yesterday he was driving the car back to the police station and heard Soper yelling at Henare after Henare would not answer questions the officer was posing, or was mumbling answers.

Mr Kelly said it was just his sixth day in the job and his first police pursuit and, while chasing the car Henare was in, he and Soper were made aware that Henare had assaulted an elderly woman and taken her car during a home invasion.

Mr Kelly said he had concerns about Soper yelling at Henare and felt it was inappropriate. He said he also heard several whacks coming from the back seat that sounded like a notebook slapping something.

He had also heard Henare whimpering at times, sometimes around the same time as the whacks.

Mr Kelly said he could not see into the back of the car using the rear view mirror as it was dark and he was largely concentrating on the road.

Under cross-examination from Soper's lawyer Arthur Fairley, Mr Kelly said he did not think the whacking sounded like punches. He also said he did not see Soper punching Henare.

Soper started giving evidence in his defence late yesterday and was to continue today. The hearing, before Judge Stan Thorburn, is due to finish today.