Man in custody restraint chair died after police failed in duty of care to him

Police need more training in the use of restraint chairs following a death in custody, the Independent Police Conduct Authority had ruled. Photo / Police

A man who was losing consciousness while in a restraint chair in police custody died the next day.

Now the Independent Police Conduct Authority (IPCA) has found police in the Counties Manukau Custody Unit failed in their duty of care to Jaye Taueli.

The IPCA decision released today concluded the officers’ failure to recognise Taueli, who they knew had consumed methamphetamine before his arrest, was unresponsive, which resulted in a delay in calling an ambulance.

Taueli was arrested on August 30, 2021, for breaching bail conditions, and died in hospital the following afternoon.

On arrival at the custody unit, Taueli was assessed and placed in a cell. He began banging his head on the cell door and wall and then tried to harm himself.

He was placed in a restraint chair to prevent him from self-harming and while the authority accepted this was justified, it said less forceful and less intrusive options should have been used first.

The IPCA found the process of placing Taueli in the chair was not dont properly and a lack of organisation contributed to it taking an excessively long time and the six officers having to use more force than necessary.

Taueli was hit on the mouth by an officer to prevent him from biting another during the process and while the authority believed it would have been reasonable to push his face away using an open palm, it ruled the punch was excessive.

While in the restraint chair, Taueli forcefully thrashed his head back and forth more than 160 times and vomited.

CCTV footage showed Taueli appeared to begin losing consciousness, and the officers who witness it believed he was asleep and failed to recognise he was becoming unresponsive.

A doctor arrived 36 minutes after Taueli began losing consciousness and an ambulance was urgently called but he died the next day.

His death was determined to be caused by an existing vascular lesion rupturing, leading to a subdural haematoma (bleeding on the brain).

Taueli’s use of methamphetamine was believed to have been a significant contributor to the rupture but no definitive evidence suggested thrashing his head against the restraint chair headrest led to his death, the decision said.

Authority chairman, Judge Kenneth Johnston, KC, said detainees relied on officers to provide care while they were in custody.

“They are often in a high-risk, vulnerable position, and police staff are the only people available to assist them,” Judge Johnston said.

“In Mr Taueli’s case, none of the officers recognised that he was suffering a medical event and becoming unresponsive.

“Police need to ensure custody and frontline staff are adequately trained to recognise levels of consciousness.”

The IPCA made recommendations to police about further training and ensuring all custody sergeants were trained in the proper use of restraint chairs.

Relieving Counties Manukau District Commander, Inspector Matt Srhoj, said police had made changes to processes after reviewing Taueli’s death.

“This was a tragic incident, and my deepest sympathies remain with Mr Taueli’s family,” Srhoj said.

“The management of people in our care is something we take very seriously – they are often vulnerable and require a high level of monitoring and support.”

Srhoj said as Taueli’s death remained subject to coronial inquiries police were unable to comment further.

Leighton Keith joined NZME as an Open Justice reporter based in Whanganui in 2022. He’s been a journalist for 20 years covering a variety of topics and rounds.