By SCOTT INGLIS
A constable who was severely beaten by two prisoners during a police station escape has not been disciplined, even though he broke the rules by going into their cell alone.
The prisoners bashed Senior Constable Jim Davey, a 37-year veteran, while he was trying to give them
their evening meals inside their cell at the Tokoroa police station on July 3 last year.
The pair - robbers Charles Paki and Tasi Fepale - then stole keys to an unmarked police car and fled. They were arrested two days later by the Auckland police armed offenders squad on the North Shore, and have since been jailed for a total of 12 years each.
A Police Complaints Authority investigation has found that Senior Constable Davey, who is retiring, breached police procedures by being alone when he entered the cell to give the prisoners their meals.
It also found that disciplining him would have served no purpose.
The attack has resulted in slots being built into the station's cell doors so that meals can be pushed through.
Police have also been reminded to follow procedures by not entering cells alone except in an emergency.
Paki, aged 18, and Fepale, 21, had been arrested 10 days before the bashing after a two-day armed robbery spree on six service stations and a takeaway bar in Auckland, Hamilton, Rotorua, Taupo and Turangi.
The Taupo District Court was told at the time that both were prepared to shoot people to get away. They were remanded to Waikeria Prison, near Hamilton.
But their documentation was incomplete, and they had to be held in the cells at the Tokoroa police station, which can legally serve as a jail. They arrived at Tokoroa at 8.40 am on Sunday, July 2.
The following night, at 6.46 pm, Senior Constable Davey was bashed. He was taken to Waikato Hospital and spent four weeks off work.
The investigation found "the senior constable did inadvertently take a risk in entering a day room alone in order to feed the two men their evening meal."
"In mitigation, it should be noted although both prisoners were facing serious charges, they ... had been described as cooperative and indeed model prisoners."
The authority found that any disciplinary action against Mr Davey was "inappropriate in the circumstances."
The Bay of Plenty acting district commander, Inspector Ron Cooper, said that disciplining Mr Davey would have been pointless.
"It's a situation where it was a judgment. He made a wrong judgment and he paid for it with quite a severe beating."
The attack and investigation had reinforced the safety issue across all ranks. The practice of officers entering cells alone - sometimes because of staff shortages - is not unheard of across the country.
"Officer safety is a very important issue in the police. We all know what the rules are and they're there for a good reason," Mr Cooper said.
"You have to avoid putting yourself at risk because you don't know when any one or all of them are going to turn on you."
Senior Constable Davey said the attack was the worst of his career.
He could have got another officer to help him that night but decided to go in alone because the robbers had been behaving so well.
"Basically, you should never be complacent - and don't turn your back."
By SCOTT INGLIS
A constable who was severely beaten by two prisoners during a police station escape has not been disciplined, even though he broke the rules by going into their cell alone.
The prisoners bashed Senior Constable Jim Davey, a 37-year veteran, while he was trying to give them
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