A man beaten and pepper sprayed in a Whakatane police cell in 2006 has been awarded $30,000 by a High Court judge in compensation for the abuse of his rights.
Rawiri Falwasser, then aged 20, was subjected to an excessive abuse of power and his human rights were breached during
the seven-hour long incident involving four police officers, Justice Lynton Stevens ruled today, One News reported.
Mr Falwasser's family had sought $200,000 in damages.
Whakatane police were caught on surveillance camera footage as they squirted pepper spray through vents into the cell, and hit Mr Falwasser on the head with a baton while he was in the cell on Labour Day 2006.
In the judgment, Justice Stevens said the officers' use of force was "excessive and unnecessary and an abuse of power". The incident "amounted to a failure to treat the plaintiff with humanity and respect", and breached his rights under the Bill of Rights, One News reported.
Mr Falwasser had been arrested on suspicion of car conversion.
The officers maintained they were acting in self-defence against an aggressive Mr Falwasser, but he was found to have been offering passive resistance only and posed no threat justifying the use of pepper spray.
A Tauranga District Court jury in 2008 acquitted Sergeant Keith Parsons, Sergeant Earle Busby, Senior Constable Bruce Laing and Constable John Mills of nine charges of assaulting Mr Falwasser.
- NZPA
