Warning: This story and video contain graphic content that may be distressing
A coroner has released graphic video footage showing the moment a deranged man who attacked an innocent pensioner in a meth-fuelled psychosis is Tasered by police, wrestled to the ground and taken into custody as loved ones scream “he’s sick” and “don’t hurt him”.
The man’s grieving family have been fighting for the release of the footage since it was suppressed by a Coroner in 2018.
It shows Tongan factory worker Alo Ngata being transported to an Auckland custody unit, placed unresponsive in a prone position on a cell floor while wearing a spit hood, then desperate attempts by police to perform CPR after officers realise he has stopped breathing.
Ngata, 29, died three days later in hospital surrounded by family after his life support was switched off.
A lawyer representing Ngata’s family hopes the footage - although graphic - will serve as a “wake up call” for the public and help prevent similar tragedies involving people experiencing mental distress, suffering from the effects of drugs, or a combination of both.
Coroner Matthew Bates released a damning finding last week which criticised police actions after Ngata was taken into custody on July 1, 2018.
He was repeatedly Tasered and pepper sprayed after beating a random stranger to within an inch of his life in Freemans Bay.
The Coroner found Ngata was likely suffering from a psychotic episode linked to methamphetamine use when he ran screaming from his partner’s house and brutally assaulted former country musician Mike Reilly after telling people he had seen ghosts.
The Coroner ruled police actions were appropriate when arresting Ngata given the level of violence he had displayed.
However, a 70-page finding slates the lack of care shown to the prisoner when he was transported to the Mt Eden custody unit and left alone, face down and unresponsive on a cell floor with his face hooded, which likely restricted Ngata’s breathing.
Today, the Coroner has authorised the release of video footage captured on the ground from Tasers, overhead from the police Eagle helicopter, and from CCTV at the custody unit, including inside Ngata’s cell.
The four video clips capture nearly one hour and 20 minutes of activity. The footage has been suppressed for the last six years.
Video from the Eagle shows Ngata gesturing wildly towards the helicopter overhead before turning back to Reilly who is lying motionless on the road and kicking him brutally in the head and upper body.
Ngata then runs to a car and appears to grab an object before striking himself in the head.
He is then challenged by two police officers who point Tasers at him before discharging the electrical weapons when he refuses to comply with demands.
Another ground-level video clip shows a Taser being fired at Ngata, who falls to the ground shouting and moaning.
Several police officers then wrestle with him but struggle to bring him under control.
Reilly lies badly injured nearby. Members of the public rush to his aid, covering his battered body with a blanket.
More police officers arrive and help restrain Ngata, shackling him by the hands and feet, and applying a spit hood over his head.
Voices nearby can be heard shouting, “Don’t hurt him” and “he’s sick”.
A female police officer asks, “What’s his name, do you know his name?”
A man then tells police, “He’s mentally ill ... I think he’s schizophrenic”.
Ngata can be heard moaning then yelling, “leave me alone” and “f*** off”.
He is then picked up by at least five officers and carried to a police van before being transported to the custody unit.
The final video clip is more than one hour long. It begins as the van enters the custody unit then shows Ngata being carried to an empty cell where he appears to be dropped on his head.
Police told an inquest Ngata was struggling and shouting “gibberish” as he was unloaded from the van, but the coroner ruled he was most likely losing consciousness during this time and unresponsive when he arrived in the cell.
Officers spend several minutes in the cell, removing the Taser barbs from Ngata’s body and removing his shackles, but leaving the spit hood in place, which has now slipped upwards to cover his entire face.
They then retreat from the cell, leaving Ngata face down. Though his cuffs have been removed, Ngata remains motionless with hands behind his back, as though his wrists are still shackled.
Just over a minute later, an officer notices Ngata has not moved. Officers hold discussions then put on blue rubber gloves. Nearly three minutes after noticing Ngata hasn’t moved, police open the cell door and an officer kicks Ngata’s foot to check if he is awake. There is no reaction.
Nearly a minute later, police finally enter the cell and pull him on to his back. They check his vital signs and realise he is not breathing before commencing CPR.
Fire and Emergency staff and paramedics arrive and take over recovery efforts. Ngata is eventually loaded onto a stretcher and transferred to Auckland City Hospital, where he died on July 4.
The family’s lawyer Marie Dyhrberg KC told the Herald there were serious failures in Ngata’s care, including the lack of monitoring and supervision once he had been taken into custody.
The failures highlighted the need for a dedicated and properly staffed centre that could receive people who were “volatile and angry” due to being severely mentally unwell or suffering from the effects of illegal drugs.
Police were not sufficiently trained to deal with people in the state that Ngata had been that day and it was unfair to put officers in that position, she said.
“It should not fall back to the police who end up in the firing line in cases where they do their best but they are not equipped to deal with somebody who is medically in need of psychiatric treatment and restraint.
“Those police officers have to carry the burden that somebody in their care and under their watch died because they fell short. They will suffer too.”
Dyhrberg said Ngata was put in danger the moment the spit hood became wrongly applied “and his breathing was compromised”.
She hoped that the video footage now being in the public domain could help prevent other custodial deaths.
Acting Superintendent Sunny Patel, acting Auckland City District Commander, said police accepted Coroner Bates’ findings.
“We acknowledge Mr Ngata’s family for the loss they have experienced.
“The events that unfolded in Freemans Bay that afternoon six years ago were a tragic outcome for everyone involved.”
Patel said frontline police staff responded to a highly volatile situation in which an elderly man was being subjected to a horrific assault.
“At the time our staff were confronted with an incredibly dangerous situation for themselves, the victim, and the wider public.
“Given what they were facing, it was a priority that Mr Ngata was contained and apprehended as a matter of priority.
“A range of tactical options were required to be utilised, including OC Spray and Taser, which the Coroner found to be appropriate in the circumstances.”
Police acknowledged the Coroner’s findings around transporting Ngata to the custody unit and subsequent monitoring while he had a spit hood applied.
“Ultimately, the Coroner found a range of elements contributed towards Mr Ngata’s death, and the extent to which any one element contributed cannot be quantified.”
Custody staff worked in a challenging environment, often dealing with people who posed a real risk to themselves or others.
“Our staff work hard to ensure the safety of all people that are in our custody and police acknowledges its duty of care toward all detainees.”
A raft of developments around custody had occurred since this tragic event, including the creation of a National Custody Team (NCT) providing national oversight of policy, practice and training for all police staff, in particular those with responsibility for the care and protection of people in police custody.
The NCT was working with the Royal New Zealand Police College to review annual training around the use of spit hoods and ensure the policy reflected the need for anyone wearing a spit hood to be categorised as “in need of constant monitoring”.
Police had also engaged with the IPCA to improve the “People in Police Custody” policy.
“Police are committed to working with the IPCA, the Ombudsman and other relevant stake holders to look for opportunities to constantly improve our approach to the custody of people detained by police,” Patel said.
Lane Nichols is a senior journalist and deputy head of news based in Auckland. Before joining the Herald in 2012, he spent a decade at Wellington’s Dominion Post and the Nelson Mail.
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