IPCA finds police force justified in Gisborne man’s arrest that led to a broken knee

The Independent Police Conduct Authority found officers were justified in using force to arrest a Gisborne man whose knee was fractured during the arrest.

A man who was being escorted home from a party by police “just switched” and began assaulting an officer, leading to his arrest and a broken knee in the process.

But despite the man’s injury, the Independent Police Conduct Authority (IPCA) has found the force used by the officers during the arrest was justified and not dangerous.

In a report released today by the IPCA, it stated the man was arrested on May 27, last year, after police were called to a party just outside of Gisborne.

The man, identified as Mr X in the report, had been fighting with another man, referred to as Mr Y.

The woman who phoned police reported Mr Y was armed with a machete and a hammer. Police prioritised the job and several armed officers swarmed the scene.

Once they arrived, neither of the men wanted to talk about the altercation they were involved in and the party’s host told police she wanted Mr X to leave.

Mr X agreed to have police take him home and three officers began to walk him out of the party.

But at the patrol car, however, something in the man “just switched”, one officer told the IPCA.

He grabbed an officer by the vest and pushed him multiple times, despite being warned he needed to stop.

Mr X was arrested for assaulting a police officer and was taken to the ground.

At this point, another officer took out her Taser and a police camera activated and began recording Mr X.

Despite his claim he did not resist arrest, footage showed him pulling away and pushing the arresting officer.

Mr X later told the authority police had “roughed me up” and claimed he was being “slammed” on the road.

“And then my leg just breaks,” he said.

During the arrest, another officer placed her foot on Mr X’s right leg to restrain him and he was then lifted up. Moments later it became apparent he had sustained a leg injury.

Mr X claimed police then “dragged” him down the road and put him in a patrol car.

It was at that point he thought to himself: “These fellows here are going to f****** finish me off. Now they’re going to f****** break my other leg, they’ll bash me right up. But they didn’t.”

All six officers who attended gave consistent and reliable evidence, the IPCA found.

The authority ruled Mr X had resisted arrest and the police actions were justified.

“We conclude that the force [the officer] used was reasonable and proportionate in the circumstances as he believed them to be,” Judge Kenneth Johnston, KC, the authority chair, said.

Following his arrest, Mr X was given a verbal warning and he was released by police. He went to Gisborne Hospital where he was treated for a fracture to his right knee.

Emily Moorhouse is a Christchurch-based Open Justice journalist at NZME. She joined NZME in 2022. Before that, she was at the Christchurch Star.