NZ Herald
  • Home
  • Latest news
  • Herald NOW
  • Video
  • New Zealand
  • Sport
  • World
  • Business
  • Entertainment
  • Podcasts
  • Quizzes
  • Opinion
  • Lifestyle
  • Travel
  • Viva
  • Weather

Subscriptions

  • Herald Premium
  • Viva Premium
  • The Listener
  • BusinessDesk

Sections

  • Latest news
  • New Zealand
    • All New Zealand
    • Crime
    • Politics
    • Education
    • Open Justice
    • Scam Update
  • Herald NOW
  • On The Up
  • World
    • All World
    • Australia
    • Asia
    • UK
    • United States
    • Middle East
    • Europe
    • Pacific
  • Business
    • All Business
    • MarketsSharesCurrencyCommoditiesStock TakesCrypto
    • Markets with Madison
    • Media Insider
    • Business analysis
    • Personal financeKiwiSaverInterest ratesTaxInvestment
    • EconomyInflationGDPOfficial cash rateEmployment
    • Small business
    • Business reportsMood of the BoardroomProject AucklandSustainable business and financeCapital markets reportAgribusiness reportInfrastructure reportDynamic business
    • Deloitte Top 200 Awards
    • CompaniesAged CareAgribusinessAirlinesBanking and financeConstructionEnergyFreight and logisticsHealthcareManufacturingMedia and MarketingRetailTelecommunicationsTourism
  • Opinion
    • All Opinion
    • Analysis
    • Editorials
    • Business analysis
    • Premium opinion
    • Letters to the editor
  • Politics
  • Sport
    • All Sport
    • OlympicsParalympics
    • RugbySuper RugbyNPCAll BlacksBlack FernsRugby sevensSchool rugby
    • CricketBlack CapsWhite Ferns
    • Racing
    • NetballSilver Ferns
    • LeagueWarriorsNRL
    • FootballWellington PhoenixAuckland FCAll WhitesFootball FernsEnglish Premier League
    • GolfNZ Open
    • MotorsportFormula 1
    • Boxing
    • UFC
    • BasketballNBABreakersTall BlacksTall Ferns
    • Tennis
    • Cycling
    • Athletics
    • SailingAmerica's CupSailGP
    • Rowing
  • Lifestyle
    • All Lifestyle
    • Viva - Food, fashion & beauty
    • Society Insider
    • Royals
    • Sex & relationships
    • Food & drinkRecipesRecipe collectionsRestaurant reviewsRestaurant bookings
    • Health & wellbeing
    • Fashion & beauty
    • Pets & animals
    • The Selection - Shop the trendsShop fashionShop beautyShop entertainmentShop giftsShop home & living
    • Milford's Investing Place
  • Entertainment
    • All Entertainment
    • TV
    • MoviesMovie reviews
    • MusicMusic reviews
    • BooksBook reviews
    • Culture
    • ReviewsBook reviewsMovie reviewsMusic reviewsRestaurant reviews
  • Travel
    • All Travel
    • News
    • New ZealandNorthlandAucklandWellingtonCanterburyOtago / QueenstownNelson-TasmanBest NZ beaches
    • International travelAustraliaPacific IslandsEuropeUKUSAAfricaAsia
    • Rail holidays
    • Cruise holidays
    • Ski holidays
    • Luxury travel
    • Adventure travel
  • Kāhu Māori news
  • Environment
    • All Environment
    • Our Green Future
  • Talanoa Pacific news
  • Property
    • All Property
    • Property Insider
    • Interest rates tracker
    • Residential property listings
    • Commercial property listings
  • Health
  • Technology
    • All Technology
    • AI
    • Social media
  • Rural
    • All Rural
    • Dairy farming
    • Sheep & beef farming
    • Horticulture
    • Animal health
    • Rural business
    • Rural life
    • Rural technology
    • Opinion
    • Audio & podcasts
  • Weather forecasts
    • All Weather forecasts
    • Kaitaia
    • Whangārei
    • Dargaville
    • Auckland
    • Thames
    • Tauranga
    • Hamilton
    • Whakatāne
    • Rotorua
    • Tokoroa
    • Te Kuiti
    • Taumaranui
    • Taupō
    • Gisborne
    • New Plymouth
    • Napier
    • Hastings
    • Dannevirke
    • Whanganui
    • Palmerston North
    • Levin
    • Paraparaumu
    • Masterton
    • Wellington
    • Motueka
    • Nelson
    • Blenheim
    • Westport
    • Reefton
    • Kaikōura
    • Greymouth
    • Hokitika
    • Christchurch
    • Ashburton
    • Timaru
    • Wānaka
    • Oamaru
    • Queenstown
    • Dunedin
    • Gore
    • Invercargill
  • Meet the journalists
  • Promotions & competitions
  • OneRoof property listings
  • Driven car news

Puzzles & Quizzes

  • Puzzles
    • All Puzzles
    • Sudoku
    • Code Cracker
    • Crosswords
    • Cryptic crossword
    • Wordsearch
  • Quizzes
    • All Quizzes
    • Morning quiz
    • Afternoon quiz
    • Sports quiz

Regions

  • Northland
    • All Northland
    • Far North
    • Kaitaia
    • Kerikeri
    • Kaikohe
    • Bay of Islands
    • Whangarei
    • Dargaville
    • Kaipara
    • Mangawhai
  • Auckland
  • Waikato
    • All Waikato
    • Hamilton
    • Coromandel & Hauraki
    • Matamata & Piako
    • Cambridge
    • Te Awamutu
    • Tokoroa & South Waikato
    • Taupō & Tūrangi
  • Bay of Plenty
    • All Bay of Plenty
    • Katikati
    • Tauranga
    • Mount Maunganui
    • Pāpāmoa
    • Te Puke
    • Whakatāne
  • Rotorua
  • Hawke's Bay
    • All Hawke's Bay
    • Napier
    • Hastings
    • Havelock North
    • Central Hawke's Bay
    • Wairoa
  • Taranaki
    • All Taranaki
    • Stratford
    • New Plymouth
    • Hāwera
  • Manawatū - Whanganui
    • All Manawatū - Whanganui
    • Whanganui
    • Palmerston North
    • Manawatū
    • Tararua
    • Horowhenua
  • Wellington
    • All Wellington
    • Kapiti
    • Wairarapa
    • Upper Hutt
    • Lower Hutt
  • Nelson & Tasman
    • All Nelson & Tasman
    • Motueka
    • Nelson
    • Tasman
  • Marlborough
  • West Coast
  • Canterbury
    • All Canterbury
    • Kaikōura
    • Christchurch
    • Ashburton
    • Timaru
  • Otago
    • All Otago
    • Oamaru
    • Dunedin
    • Balclutha
    • Alexandra
    • Queenstown
    • Wanaka
  • Southland
    • All Southland
    • Invercargill
    • Gore
    • Stewart Island
  • Gisborne

Media

  • Video
    • All Video
    • NZ news video
    • Herald NOW
    • Business news video
    • Politics news video
    • Sport video
    • World news video
    • Lifestyle video
    • Entertainment video
    • Travel video
    • Markets with Madison
    • Kea Kids news
  • Podcasts
    • All Podcasts
    • The Front Page
    • On the Tiles
    • Ask me Anything
    • The Little Things
  • Cartoons
  • Photo galleries
  • Today's Paper - E-editions
  • Photo sales
  • Classifieds

NZME Network

  • Advertise with NZME
  • OneRoof
  • Driven Car Guide
  • BusinessDesk
  • Newstalk ZB
  • Sunlive
  • ZM
  • The Hits
  • Coast
  • Radio Hauraki
  • The Alternative Commentary Collective
  • Gold
  • Flava
  • iHeart Radio
  • Hokonui
  • Radio Wanaka
  • iHeartCountry New Zealand
  • Restaurant Hub
  • NZME Events

SubscribeSign In
Advertisement
Advertise with NZME.
Home / New Zealand

Police officer acquitted of assault

By Gisborne Herald staff
Other·
27 Nov, 2012 11:51 PM4 mins to read

Subscribe to listen

Access to Herald Premium articles require a Premium subscription. Subscribe now to listen.
Already a subscriber?  Sign in here

Listening to articles is free for open-access content—explore other articles or learn more about text-to-speech.
‌
Save

    Share this article

File photo / NZ Herald

File photo / NZ Herald

A Gisborne police constable accused of assaulting a motorist who refused to remain at a cordon has been cleared of any wrongdoing.

After a day and a half hearing in Gisborne District Court, Judge Tony Adeane dismissed charges against the constable yesterday, saying safe and effective policing often required swift and resolute actions that civilians not used to seeing, might find disturbing.

He granted the constable permanent name suppression, citing special circumstances for family reasons.

The constable faced two charges of assault, one with intent to injure, after a complaint from 40-year-old driver Aaron Leslie Newdick.

Mr Newdick alleged he was punched and kicked for attempting to leave a police cordon near the Wi Pere Street and Ormond Road intersection in the early hours of March 14. He suffered a significant cut near his eye and now experienced memory loss, he said.

Advertisement
Advertise with NZME.
Advertisement
Advertise with NZME.

During cross-examination, defence counsel Doug Rishworth put it to Mr Newdick that he had been uncooperative, unnecessarily dramatic and that he was by nature anti-authority.

Mr Newdick confirmed that the injury to his eye needed only to be glued shut, not stitched, and that he had been well enough to drive himself to the accident and emergency department for treatment.

Mr Rishworth put it to other witnesses that the constable's arm actions, which they thought looked like strikes to Mr Newdick, were actually consistent with the constable trying to apply handcuffs.

Advertisement
Advertise with NZME.

Dismissing the charges, Judge Adeane said the onus was on the prosecution to show assaults occurred and that they did so outside the realms provided by legislation for police to use additional force where necessary to restrain individuals.

Judge Adeane said the case was a prime example of the difficulties involved with eye witness evidence. Even the most earnest and honest of witnesses could be mistaken or unable to remember when trying to recall minute detail about events that happened during tumultuous circumstances many months earlier.

Civilians were not familiar with seeing police apply force and witnessing such an incident could be especially disturbing. Impressions formed by civilians under those circumstances had to be treated with care, the judge said.

In this particular case, it was clear the constable had definitely used force to restrain the complainant but the judge said he was not satisfied on the evidence that any blow had been struck in the manner alleged. Evidence as to the number of blows and where they had occurred was conflicting.

Discover more

New Zealand

Two in serious condition after motorcycle collision

28 Nov 08:03 AM

Even the evidence of a father and son, who had watched much of the incident from the same nearby house, was at odds.

If the evidence had been clearer, he would have still found in favour of the constable, the judge said. The complainant was, by his own candid admission, someone who struggled with authority and who could be easily riled under pressure, as was apparent in his dealings with police and even at times when he was giving his evidence in court, the judge said.

At the time of the alleged incident, the complainant - a logging truck driver - had been further stressed after an accident that was not his fault damaged his trailer unit. By the time he was stopped at the cordon, he had been working for 21 hours and was understandably fatigued.

During the hearing, the constable elected not to give evidence or call any witnesses. However, he had submitted an out-of-court statement, which could be given some weight. In it, the constable denied punching or kicking Mr Newdick but said there had been a regrettable turn of events which had required him to use considerable force to arrest the complainant.

The judge also pointed to evidence of the constable remarking to Mr Newdick at the scene, that he "could have avoided all of this if he had just done what he was told".

A large number of police officers were present in the public gallery throughout the hearing. Many appeared relieved when the judge gave his finding.

Advertisement
Advertise with NZME.
Save

    Share this article

Latest from New Zealand

New Zealand

650 properties assessed after damaging floods in Nelson and Tasman

04 Jul 11:19 PM
New Zealand

Insurers back using Takapuna golf course for flood prevention

04 Jul 11:11 PM
New Zealand

Air NZ flight to New York diverted due to thunderstorms, others cancelled

04 Jul 10:53 PM

There’s more to Hawai‘i than beaches and buffets – here’s how to see it differently

sponsored
Advertisement
Advertise with NZME.

Latest from New Zealand

650 properties assessed after damaging floods in Nelson and Tasman

650 properties assessed after damaging floods in Nelson and Tasman

04 Jul 11:19 PM

Homes in Nelson, Tasman, and Marlborough are now uninhabitable.

Insurers back using Takapuna golf course for flood prevention

Insurers back using Takapuna golf course for flood prevention

04 Jul 11:11 PM
Air NZ flight to New York diverted due to thunderstorms, others cancelled

Air NZ flight to New York diverted due to thunderstorms, others cancelled

04 Jul 10:53 PM
Premium
Flatting wars: The male students' struggle against 'unwritten rule' bias claims

Flatting wars: The male students' struggle against 'unwritten rule' bias claims

04 Jul 10:00 PM
From early mornings to easy living
sponsored

From early mornings to easy living

NZ Herald
  • About NZ Herald
  • Meet the journalists
  • Newsletters
  • Classifieds
  • Help & support
  • Contact us
  • House rules
  • Privacy Policy
  • Terms of use
  • Competition terms & conditions
  • Our use of AI
Subscriber Services
  • NZ Herald e-editions
  • Daily puzzles & quizzes
  • Manage your digital subscription
  • Manage your print subscription
  • Subscribe to the NZ Herald newspaper
  • Subscribe to Herald Premium
  • Gift a subscription
  • Subscriber FAQs
  • Subscription terms & conditions
  • Promotions and subscriber benefits
NZME Network
  • The New Zealand Herald
  • The Northland Age
  • The Northern Advocate
  • Waikato Herald
  • Bay of Plenty Times
  • Rotorua Daily Post
  • Hawke's Bay Today
  • Whanganui Chronicle
  • Viva
  • NZ Listener
  • Newstalk ZB
  • BusinessDesk
  • OneRoof
  • Driven Car Guide
  • iHeart Radio
  • Restaurant Hub
NZME
  • About NZME
  • NZME careers
  • Advertise with NZME
  • Digital self-service advertising
  • Book your classified ad
  • Photo sales
  • NZME Events
  • © Copyright 2025 NZME Publishing Limited
TOP