A couple at the centre of a police assault are considering taking legal action after an officer who stomped, tackled, punched and kneed one of them avoided prosecution.
Anaru Mano and Celeste Howell, who was eight months pregnant at the time, have questioned why the officer was not charged with assault and believe police have mishandled the investigation.
Police decided that, despite there being enough evidence to prosecute the officer, it wasn’t in the public interest to do so.
The Independent Police Complaints Authority, which oversaw the investigation, agreed.
However, the couple say the officer, who has since resigned and is believed to have moved overseas, should have been held to account for his actions.
“He should have been prosecuted,” Howell said. "We would like to see him brought back to New Zealand and prosecuted. It’s not finished, he left without consequence for his actions."
The officer told NZME he strongly refuted any suggestion that he engaged in misconduct.
“I have always maintained that I acted lawfully and in line with my duties.”
The couple were living in a Lifewise facility in Ōtara, South Auckland, in November 2023 when police were called to reports of a family harm incident.
The organisation provides housing and wraparound support for young people who do not have a safe or stable place to live and aims to support them.
Howell says she was struggling with her mental health on the day police were called. Mano was trying to restrain her as she tried to flee the property.
When two officers arrived, they spoke to the couple before escorting Mano outside the building.
According to a summary from the IPCA, the officers were trying to handcuff Mano, but he resisted by keeping his arms at his sides.
He was then tackled to the ground and punched by one of the officers.
Howell, who was on the second-floor balcony and watching events unfold, tried to verbally interject before throwing a clay plant pot, which hit the officer on the back.
Both officers then tried to drag Mano away. He tried to hold on to a fence and was pulled away.
The officer who had punched and kneed Mano then stomped on his torso.
Howell then threw a plastic plant pot, which missed both officers.
After being handcuffed, Mano was escorted to a nearby police car.
As additional officers arrived, the officer who had punched and stomped on Mano re-entered the building and arrested Howell.
She alleged the officer “man-handled” her, causing her to fall, handcuffed and belly-first, down concrete stairs. She also claims he struck her on the back of the neck when escorting her to a police car.
Mano was arrested and charged with resisting arrest and assault on a person in a family relationship. Howell was also arrested and charged with assault with a weapon for throwing the pot plants.
However, she managed to locate CCTV footage of what happened and gave it to her lawyer, James McGilvary.
The charge against Mano of resisting arrest was withdrawn, as was Howell’s charge of assault with a weapon. Mano instead pleaded guilty to a single charge of assault on a person in a family relationship.
However, the couple do not feel justice has been served.
McGilvary says he is now helping them find a lawyer to build a civil case against police for their handling of the case.
They have also considered a private prosecution against the officer, but know it would be time-consuming and costly, given the officer is believed to be overseas.
Mano is also unhappy with his assault conviction and wants to appeal it.
The couple both deny that Mano assaulted Howell that day, but he says he felt pressured to enter a guilty plea.
“I pleaded guilty to dragging her inside. I would like to appeal the conviction.”
He knows “it doesn’t look good” that he pleaded guilty, but says he felt he had to. He claims the duty lawyer told him he had no other choice as he was facing up to two years in jail.
McGilvary says the evidence against Mano did not support a charge of assault on a person in a family relationship, and he would have advised him to fight it.
“As part of the police case against Celeste, I received a copy of the evidence police used to prove the family violence charge against Anaru.
“I would have advised Anaru to plead not guilty and been confident of success at trial.”
After the couple were arrested, a complaint was made that police used excessive force against them both.
While police found force was used against Mano, allegations of excessive force being used on Howell were unsubstantiated.
Howell remains adamant, however, that she was “rag-dolled” and thrown to the ground by the same officer who arrested her partner.
McGilvary says CCTV in the lobby of the building appeared to have stopped recording at the moment when Howell claims she was pushed to the ground.
“The camera does, however, show Celeste being picked up off the ground and subsequently marched to the back of a patrol car by the same officer. His hand is visible on Celeste’s back, forcing her to bend uncomfortably at the waist and placing pressure on her pregnant belly.”
McGilvary believes there was “ample evidence” to charge the officer for the excessive force he used on Mano.
He said the officer’s actions, including the force he used around Mano’s throat, were contrary to the police policy on use of force.
The police report omitted other assault allegations, despite them being captured on CCTV, he said.
Examples included the officer placing his hand on the back of Mano’s head and subsequently pushing it with force into the roof of the patrol car while he was in handcuffs.
“It is my opinion that the evidence in support of Celeste’s claim that the officer pushed her to the ground is stronger than that used to charge Anaru with an assault on Celeste.”
There was clear circumstantial CCTV evidence of Howell being picked up off the ground, while lying face down, as well as the officer’s anger.
“This, coupled with the statements of both Celeste and Anaru, may have been enough to secure a conviction.
“[The] decision to not prosecute the officer in this case despite damning evidence ... lacks transparency and negatively impacts public trust in New Zealand Police, in my view.”
Counties Manukau district commander Superintendent Shanan Gray said that, before prosecuting anyone, police “will always assess the specifics of each case pursuant to the Solicitor-General’s prosecution guidelines, which includes a public interest test, among other criteria”.
Police determined prosecution of the officer would not be in the public interest, he said. The officer’s resignation concluded the employment process for him under the Public Service Commission’s guidelines.
The IPCA, which oversaw the police investigation, said in its summary that it agreed with the police findings and “overall accepts the outcome reached”.
IPCA assurance manager Andrew MacNeill said the organisation was notified of the complaint by police in June 2024.
After completing a triage and assessment process, the IPCA decided the case did not meet the threshold to conduct an independent investigation.
He said the case categorisation process took into consideration a range of factors, including:
MacNeill said police began a criminal investigation and an employment process. The authority actively oversaw the investigation and completed reviews as the investigation progressed.
“At the conclusion of the police investigation, we completed our final review and agreed with the findings.
“Whilst the police are the decision-makers on whether to commence a prosecution, we can confirm that we were satisfied that police gave due consideration to the Solicitor-General’s prosecution guidelines, including applying the public interest test.
“We also considered it important that police followed the Public Service Workforce Assurance Standards in relation to employment investigations into allegations of serious misconduct, and we confirmed that this was completed.”
The officer stressed to NZME that no charges were laid against him, despite the police investigation.
‘The prosecution team determined that, while there may have been sufficient evidence, it was not in the public interest to proceed. I had no control over that outcome, and I was fully prepared to defend my actions if charges had been brought.’
He claimed Mano had assaulted Howell, which informed his decision to arrest him that night, as did Howell’s action in throwing pot plants at him.
“I was the target of a violent assault involving flower pots being thrown at me. I believe it’s important the public knows that my actions occurred in response to threats to my safety, and that I was doing my duty as a police officer.’
The officer said he chose to leave his position and relocate overseas for both ‘personal and professional reasons’ following the conclusion of the matter.”
“While I accept public interest in accountability, this matter has had a lasting impact on me both personally and professionally.”
“I now wish to move forward in life with privacy and dignity.”
Al Williams is an Open Justice reporter for the New Zealand Herald, based in Christchurch. He has worked in daily and community titles in New Zealand and overseas for the last 16 years. Most recently, he was editor of the Hauraki-Coromandel Post, based in Whangamatā. He was previously deputy editor of the Cook Islands News.