Independent watchdog critical of police for failing to look into prisoner’s assault claim

An independent report says a police custody officer might not have needed to use the force he did against a person in custody, had an earlier complaint by the same person been investigated properly. Photo / File

A police custody officer concussed in an altercation with a person being detained might not have needed to use such force had the prisoner’s earlier complaint been properly dealt with, an independent report has found.

The police have today accepted the findings of the Independent Police Conduct Authority (IPCA) that a custody officer used excessive force against a person in the Counties Manukau Custody Unit in August 2021, despite their own conclusions the custody officer hadn’t, even though there was clear CCTV evidence.

The police also accepted the authority’s criticism over their failure to investigate a complaint made by the man a couple of months earlier.

Authority chairman Judge Colin Doherty said the case was “book-ended” by two failures by police to investigate appropriately, stating the subsequent use of force by the officer was seemingly excused by police.

“While it is disappointing that the custody officer, in this case, used excessive force, it is entirely reasonable to conclude that had the detainee’s earlier complaint been adequately dealt with, this later incident would not have occurred.”

On June 9, 2021, police received a complaint from a person being held in the custody unit that they had been assaulted by a custody officer. Police made no inquiries into this allegation.

Two months later, on August 11, the same person was transferred back to the unit where he assaulted a custody officer. The man later told the IPCA he attacked the officer because his previous experience led him to believe he was going to be assaulted again.

The man was restrained by staff but the assaulted officer used excessive force, unnecessarily punching and kicking the man.

As a result of the incident, the man had some superficial injuries to his face and declined medical treatment.

The custody officer received medical treatment and was diagnosed with a concussion.

Inspector Matt Srhoj, relieving Counties Manukau district commander, said police have accepted the complaint was not followed up in the correct manner.

He said it was also acknowledged the IPCA found the custody officer was justified in the initial striking of the individual during the August attack, before he was restrained.

Srhoj said as a result of the incident, police were in the process of making improvements to the complaints process.

Police noted there was still an ongoing employment investigation into this matter and therefore would not comment further.