Police sergeant Martin James Folan is on trial at the Auckland District Court on various assault charges. Photo / Brett Phibbs
A constable has described how he saw his senior officer knee a
handcuffed prisoner, who later had to have his left testicle
surgically removed.
Martin James Folan faces six charges of assault and one charge of injuring with intent to injure. He has pleaded not guilty at the
Auckland District Court
Folan is
accused of bashing five prisoners while working as a sergeant
at Henderson police station.
Constable Reuben Jakich told the court today that he was called to The
Concourse in West Auckland where he found a drunk Joseph McGee
"grunting and making animal-like noises" in bushes on January 7,
2009.
An ambulance had also been called to the scene after reports that Mr
McGee had been beaten up by a gang.
Mr Jakich said he had to restrain Mr McGee while ambulance staff
checked the prisoner over. He said apart from some scratches on his
face, Mr McGee appeared uninjured.
Mr McGee has previously told the court that he was set upon by up to
eight men and knocked out six times after being repeatedly punched in
the face.
Mr Jakich said he arrested Mr McGee for disorderly behaviour and was
kicked while getting him into his police car.
Mr Jakich drove Mr McGee to the Henderson police station where Folan
insisted that Mr McGee give his details, despite Mr McGee being drunk.
He said Mr McGee showed no signs of being in pain but was stomping on
police officers' feet as they tried to process him.
"As he was attempting to stand on our feet, I witnessed Sergeant Folan
bringing his knee up into what I think was Mr McGee's lower stomach
and winding him in the process," Mr Jakich said.
"It was a good knee in the guts."
He said the knee took the air out of Mr McGee's lungs and the prisoner
was groaning afterwards.
"He was quiet and still. Basically there was no more stomping, put it
that way," Mr Jakich said.
CTV footage from inside the police station was shown to the jury and
Constable Jakich provided commentary.
Mr Jakich said it was hard to see the knee with "all the dark
trousers" but identified Folan's leg lifting.
"That is what I believe is the knee into Mr McGee."
Mr Jakich is still giving his evidence. He is yet to be cross-examined
by Folan's lawyer, Richard Earwaker.
The trial is set to run until next Tuesday.
