Broader probe urged into pepper spray case

Scott Macdonald

The lawyer for a man who was pepper-sprayed as he lay handcuffed on the ground wants an independent inquiry into the "outrageous" actions of police.

Chris Comeskey said the Police Complaints Authority should not wait for a complaint from Scott MacDonald, who was arrested outside the Fight For Life celebrity boxing event in Henderson last Thursday.

An internal Waitakere police inquiry has begun, and Police Minister Annette King has asked for details.

A television cameraman filmed a police officer involved in the arrest pepper-spraying MacDonald as he lay on the ground handcuffed.

The 35-year-old builder and company director is charged with assaulting Constable Alexander Nicholson and resisting Constable Joshua Jones in making an arrest.

He denied the charges in the Waitakere District Court yesterday and was remanded on bail for a further hearing in July.

MacDonald last night told TV3's Campbell Live programme he was given no warning before the "extremely painful" spray was used.

"I was thrown into the back of a paddy wagon, literally, face down in someone else's vomit and urine and pepper-sprayed again in the back of the paddy wagon".

He said he was angry and yelling after being sprayed, but was not aware he posed any threat.

MacDonald then spent a night in police cells. He said watching the footage of the incident disgusted him, but he also felt a bit ashamed of himself for being in that position.

Outside the court, Mr Comeskey said the Police Complaints Authority should not wait for a complaint, but "ought to go out and solicit an investigation and have a look at it because it's so outrageous".

He said MacDonald had the option of making a complaint to the authority but it was too early to say what action he would take.

"He is a businessman, has no previous convictions, has gone to a charitable event, was waiting for his taxi, done all the responsible things, supporting a charity, and he has ended up going through this trauma."

Waitakere police district leaders are investigating and the authority has been advised of the incident.

The authority will not conduct its own investigation until a complaint is received, but will receive a copy of the police findings after they are sent to the Office of the Commissioner.

The Office of the Commissioner will not comment until the Waitakere investigation is completed.

Inspector Janet Hope, the acting district commander for Waitakere, North Shore and Rodney, said police were taking the matter "extremely seriously".

Commissioner Howard Broad yesterday met the Police Minister to discuss the use of pepper spray. A spokesman for Mrs King said she asked Mr Broad for information on the wider issue of the spray's use.

The debilitating spray was used 2000 times last year.

Mr Comeskey said he supported a full inquiry.

"These things don't happen in isolation. They are usually the result of a pattern of behaviour which has been allowed to fester. I think a full inquiry is justified."

He said it was "very fortunate" the incident had been caught on camera.

"There are tales like this recounted to counsel every day of the week. My client is in the position to say this is out-of-control behaviour and it's not reliant upon a judge necessarily preferring the word of a police officer."

Police Association president Greg O'Connor said police officers were "well aware" of the television camera.

He urged people to reserve judgment until all the facts were known.


SPRAY RULES

Police may use spray to:

* Defend themselves or others if they fear physical injury and they cannot reasonably arrest an offender.

* Deter attacking animals.

* Prevent an offender escaping.

Spray must not be used against people offering passive resistance.


- Additional reporting, NZPA