Auckland prison death: Guard who allegedly pepper-sprayed inmate keeps name secret, granted bail

An Auckland prison officer charged by police after allegedly pepper spraying an inmate who then died has kept his name secret - for now.

The death, on April 5 at Mt Eden prison, sparked an investigation by Auckland police as well as internal reviews by Corrections.

The inmate is understood to have died after an altercation with prison officers in the Intervention and Support Unit (ISU) for inmates with high mental health needs. The inmate was allegedly pepper-sprayed, then restrained before losing consciousness.

Police charged a Corrections officer about a month later with assault with a weapon - in this case a department-issued can of pepper spray.

The officer first appeared in the Auckland District Court on May 17, where Judge Peter Winter suppressed his name and occupation.

He next appeared in the same court on Wednesday, before Judge David Sharp.

Judge Sharp granted ongoing name suppression.

But he did not continue the order for suppression of his occupation, noting the Herald had already revealed the officer was to be charged the day before his first appearance.

His lawyer said ongoing suppression of occupation was sought on the basis that the officer may return to work in the same mental health support unit where the prisoner died.

"The horse has bolted, effectively," Judge Sharp said.

"It's not an effective order."

The man pleaded not guilty at his first appearance. He was remanded on continued bail ahead of his next appearance later this year.

It is understood the young man who died was allegedly pepper-sprayed during an altercation with several Corrections officers at the remand prison.

The dispute arose after he was told he was unable to take a towel back to his cell.

The rule is in place in Intervention and Support Units because of the risk of self-harm.

The inmate died in a unit for prisoners with high mental health needs at Mt Eden Corrections Facility on April 5.

Corrections acting regional commissioner Tayla Yandall said earlier the staff member involved had been placed on special leave.

She would not comment on the circumstances of the death.

"As the matter is now before the courts, and still subject to reviews and investigations, we are unable to provide specific comment on this case at this time to avoid prejudice to the outcome of the court proceedings and investigations."

Prison staff tried to revive the prisoner but he died at the scene.

His name was suppressed on an interim basis by coroner Alexander Ho after an application by the inmate's uncle.

An April 8 minute from the coroner shows he had not yet decided whether to open an inquiry because of the possibility police would lay criminal charges.

"If criminal charges are laid and the matters required to be established by me under the Coroners Act are established instead in the course of that criminal prosecution it may be that a coronial inquiry never becomes necessary," Ho's minute said.

"I therefore consider it appropriate for the court dealing with any criminal prosecution to determine in the course of that proceeding whether [the victim's] name ought to be permanently suppressed."

The uncle also applied for suppression of the circumstances of the man's death on the basis it would breach the family's privacy, and that younger family members would struggle to hear about the mental health issues he faced in prison.

Ho declined this part of the application.

"The family can have no legitimate privacy concern or concern for younger family members as a result of the media publishing details of the death, given that [the victim's] name cannot be published in connection with any such reports."

The Crimes Act charge of assault with a weapon carries a maximum term of imprisonment of five years.