KEY POINTS:
A young Whakatane man whose mental health was deteriorating suffered repeated attacks by local police officers who allegedly blasted him with pepper spray and beat him with batons, a Tauranga District Court jury was told today.
Rawiri Falwasser, 20, was described by the crown as "looking like a
lost sheep" when he got into trouble with police for the first time on Labour Day 2006. He was picked up on suspicion of taking a neighbour's car and driving it dangerously.
Four Whakatane policemen with a total of more than 70 years of service are on trial for assaulting him. Sergeant Erle Busby, aged 47; Sergeant Keith Parsons, 52, Senior Constable Bruce Laing, 46, and Constable John Mills, 39, have all denied the charges.
Although Mr Falwasser resisted requests to fingerprint and photograph him, the accused officers used excessive and unreasonable force, crown prosecutor Fletcher Pilditch contended in a lengthy opening address.
The law accepted that police sometimes needed to use force and weapons, but it had to be justified.
"That is not a blank cheque," he said.
Injuries suffered by the victim included a gash to the scalp which left blood around the tiny holding cell he was locked in.
The prosecutor said Mr Falwasser's parents were away for the holiday weekend when he started having mental health problems. "Stressed, distressed, confused and agitated" he took a neighbour's station wagon to seek help from relatives at Edgecumbe.
People there who knew him saw he looked lost.
"It was apparent he didn't have all his faculties about him and had some form of mental disorder," Mr Pilditch said.
The vehicle was reported missing and he was arrested by Laing who, after several attempts, persuaded him to get into the passenger seat of the patrol car.
At Whakatane police station, Parsons "patted down" Mr Falwasser - who was reluctant to be searched - and guided him into a holding cell about two metres by two metres. It had clear perspex on each side and a sliding door.
Laing returned about half an hour later to discuss the process necessary before the detained man could be bailed. Passively resisting the procedure, Mr Falwasser refused to sign a form labelling him a prisoner because, he said, no judge had found him guilty yet.
Because of his behaviour, a psychiatric nurse was called but decided he did not need to be committed.
Mr Pilditch said about 2.30pm Parsons pepper-sprayed the complainant three times in the face when he objected to being moved to another cell.
"Within seconds," Busby entered the holding cell and hit Mr Falwasser on the forearm and then on the wrist with a metal extendable baton.
Parsons also flicked out a baton and through the cell door began striking at the pacing victim, who had his arms up to protect himself against the spray. One hit to the head caused Mr Falwasser's scalp to bleed profusely. After striking him again, Parsons shut the door.
Other police officers had gathered to see what was going on and it was decided to try and get the bleeding victim out of the cell, using shields for protection and more pepper spray.
After about 10 minutes the amount of spray was intolerable and officers put on masks, the prosecutor said.
Parsons, Laing and Mills all sprayed pepper into the cell through a vent at the top and a telephoned portal at the bottom of the perspex. Mills went for more spray, getting a box of 72 partially used canisters.
After about 10 or 15 minutes, the officers stopped the onslaught and a doctor was called.
About nine police officers are expected to give evidence for the prosecution in the trial, which has been set down for three weeks.
- NZPA
