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Home / New Zealand

Auckland police officer appeals conviction over illegal Taser incident after high-speed chase

Sam Hurley
By Sam Hurley
NZ Herald Print Editor·NZ Herald·
15 Jun, 2020 05:00 AM5 mins to read

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Sean Doak was found not guilty of assault but guilty of presenting a restricted weapon. Photo / Jason Oxenham

Sean Doak was found not guilty of assault but guilty of presenting a restricted weapon. Photo / Jason Oxenham

The employment of a Kiwi cop convicted for illegally presenting a Taser at a woman will likely be determined by a High Court judge at a time of heightened global debate about the use of police force.

Constable Sean Mathew Doak faced two charges over wielding a Taser at a woman after a high-speed pursuit in Auckland during September 2017.

Following a trial last August, a jury returned split verdicts and found the now 26-year-old not guilty of assault with a weapon but guilty of unlawfully presenting a restricted weapon.

Despite arguments from Doak's lawyer, Todd Simmonds, that Doak would likely lose his job, Judge Noel Sainsbury convicted the constable.

The judge said New Zealanders "expect better" and place a high level of trust in our police, who he said will be subject to the law like everyone else.

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"When police have the ability in appropriate circumstances to use serious force we trust them to do so responsibility."

He was also unconvinced it was a certainty Doak would lose his job.

READ MORE:
• Auckland police officer convicted after being found guilty of presenting Taser at woman
• Auckland cop Sean Mathew Doak who illegally presented a Taser fighting to keep his job
• Split verdicts for Auckland police officer accused of assaulting woman with Taser
• 'I'll f***ing Taser you': Woman tells court Auckland cop threatened her with shock weapon

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Today, the constable, who remains on restrictive and non-frontline duties, appealed Judge Sainsbury's decision.

Simmonds told Justice Simon Moore his client was a young man "of otherwise outstanding character" who was faced with a difficult situation and an unco-operative and aggressive offender.

"He's had a good deal of time, over two years, to reflect on this matter," he said. "He wants very much to make the job his career."

The High Court heard the decision of Doak's continued employment ultimately falls with Superintendent Karyn Malthus, the Auckland City District Commander. But affidavit evidence from the senior legal officer for the NZ Police Association says Doak will "more likely than not" lose his job if the conviction stands.

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Malthus told the Herald today an employment investigation is also running concurrent to the court proceedings.

"Police, like any employer, has privacy restrictions to consider and it would be inappropriate to comment further while this is ongoing," she said.

Justice Moore commented that Doak's offending was a "somewhat rare case" where the employer knows exactly what has happened.

He said it was "a little odd" that Doak's employment with the police lived or died on a conviction rather than the nature of his conduct.

Justice Moore also noted the heightened public debate around the world, including in New Zealand, about the use of police force and other social issues following the death of US man George Floyd.

"There is a climate in which police are being held to account, I don't think I need to say anymore in relation to that," Crown prosecutor Fiona Culliney told the court.

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Justice Moore reserved his decision which he said was "a very, very important matter for [Doak] and the community".

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The jury found Doak guilty of briefly firing his Taser's arc mode without cause towards apprehended and handcuffed woman Mary Jane Takerei in the back of a police car.

The arc option triggers the Taser to produce an electrical current between two prongs.

A recording from the Taser showed the arc mode was activated briefly. But Takerei was not electrocuted at any stage and she offered no evidence during the trial about the arc incident.

It came after a dangerous chase during the early hours of September 17, 2017, which saw the fleeing driver's car potentially reach speeds of up to 200km/h, the trial heard.

Police were forced to call off its ground units, while the Eagle helicopter tracked the suspect vehicle, which had Takerei as a passenger, to the underground carpark of Auckland's SkyCity casino.

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After the driver fled on foot, a scuffle ensued between Takerei and police officers, with Takerei telling the court that Doak pepper sprayed her before she was dragged away by police.

Multiple police officers, however, also said Takerei sprayed a police officer in the face with what appeared to be a can of CRC.

Takerei claimed Doak may have pressed his Taser to her forehead and between her eyes - an allegation which resulted in the assault with a weapon charge.

Video footage of the incident shows Takerei's legs flailing at the time. However, other police officers at the scene told the jury they didn't hear Doak threatening Takerei or see him pressing the Taser against her forehead.

Doak was found not guilty of that charge.

Takerei, meanwhile, was arrested for assaulting police after slamming a car door against another officer's leg, while the wanted driver was later found by police leaving an elevator in the casino.

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