Cop justified kick in groin, court told

Police sergeant Martin James Folan. Photo / Brett Phibbs

A sergeant who allegedly kicked a prisoner in the groin explained to a constable that you have to use different techniques on "amped up" prisoners, a court has heard.

Martin James Folan is on trial in the Auckland District Court and has denied six charges of assault and one of injuring with intent to injure. He is accused of assaulting five prisoners.

Folan's trial was adjourned yesterday after a juror phoned in sick.

Constable Scott Shearer gave evidence on Friday and is expected to continue today.

He told the court that Samuel Verdonk was drunk and was arrested for disorderly behaviour.

Mr Verdonk was put in a cell in the Henderson police station where he was seen banging his head against the wall.

Mr Shearer told the court that a note was left on Mr Verdonk's cell door in Folan's handwriting which said Mr Verdonk was "aggressive, anti-police and violent".

"He was quite strong and wiry but I felt the three of us could have handled him."

He said Folan told him to open the cell door and to follow him in.

"As soon as the door opened, [Folan] led with a frontal kick to Verdonk's groin and lower stomach area."

He described the force of the kick as "about as hard as he could kick".

"I felt that it effected the purpose of what we needed to do but the area on the body was not the area I would have chosen to direct force."

He said the next morning Mr Verdonk was a different person and had no idea of what he had done the night before.

Mr Shearer said Mr Verdonk did not complain of any specific pain but was "groaning".

He said he and Folan had an "informal talk" about how Verdonk had been treated.

"Sergeant Folan explained that when you have prisoners that are so amped up and violent, you have to employ techniques that you would not usually use on normal prisoners."

Mr Shearer also gave evidence about a separate incident in which Folan is alleged to have kneed another prisoner in the groin. The prisoner, Joseph McGee, later had to have his left testicle surgically removed.

Mr McGee was being unco-operative while being processed at the Henderson police station.

Mr Shearer said he looked away as Folan approached Mr McGee.

"I looked away thinking, 'I don't want to watch what happens next'."

He said he later checked on Mr McGee in his cell and found the prisoner cradling his groin. "He was groaning and in a lot of pain."

Mr Shearer raised the issue of Mr McGee's pain with Folan. He said Folan told him: "[Mr McGee] has been fighting before he came in here, he's been fighting with us. We don't know what his pain is from."

Mr Shearer is yet to be cross-examined by Folan's lawyer.