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Home / New Zealand

'Nonsense and lies', lawyer says of assault claims against Auckland cop

Sam Hurley
By Sam Hurley
NZ Herald Print Editor·NZ Herald·
14 Aug, 2019 05:39 AM4 mins to read

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Sean Doak, a young Auckland police officer, denies the two charges against him. Photo / Jason Oxenham

Sean Doak, a young Auckland police officer, denies the two charges against him. Photo / Jason Oxenham

A young woman has been accused of telling a jury lies and nonsense as she levels assault allegations against an Auckland police officer.

Mary Jane Takerei claims Constable Sean Mathew Doak threatened her with a Taser after she was dragged from a car by police in the underground carpark of the SkyCity Casino in September 2017.

The incident came after a high-speed chase and resulted in the 25-year-old officer being charged last year with assault with a Taser and of illegally presenting a restricted weapon.

He denies the charges and is on trial in the Auckland District Court this week.

Takerei, whose evidence was briefly suppressed by Judge Noel Sainsbury today, told the court she begged police to stop hurting her as she lay handcuffed on the car park floor.

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Doak and his partner, Constable Florence Roberts, were the first officers on the scene, the court has heard.

Takerei said Doak pepper sprayed her in the white Subaru before she was dragged away.

"It burned really badly ... It just burned my whole face," the 23-year-old said.

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Multiple police officers, however, have also testified that Takerei hit Roberts in the face with a spray from a canister - possibly CRC.

However, Takerei has denied this.

"You are lying to this court, aren't you Ms Takerei?" Doak's counsel Todd Simmonds questioned her today.

"No I'm not," she replied.

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Simmonds continued: "Are you saying these officers are making this up? Is that seriously what you're suggesting to us?"

"I'm saying I didn't have a can of CRC," Takerei said. "I wouldn't sit here and lie under oath, what reason would I have to lie?"

Simmonds retorted: "That's going to be a matter for this jury to determine."

Doak's lawyer said Takerei was "acting appallingly on the night", "being extremely difficult" and was now delivering "more nonsense" to the jury.

"Are you prepared to accept any responsibility or are you saying you did absolutely nothing wrong?" Simmonds said.

"I wanted the car to stop," Takerei said, but added: "I paid more attention to the Taser on my head."

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Takerei also rejected claims she was struggling.

"If I was struggling it would've been to just make things stop hurting me," she has said.

After searching for the driver of the car, Takerei claims Doak kneeled down beside her as she lay on the car park floor and pressed his Taser on her forehead between her eyes.

"What's his f**king name, I swear to God I'll f**king Taser you," she accused Doak of yelling at her.

CCTV footage of the incident shows Doak kneeling by Takerei's head with his Taser drawn.

Takerei's legs can also be seen flailing.

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"My head got ripped up from the ground," Takerei claims, but said she couldn't open her eyes because of the pepper spray.

"I just felt something on my head."

However, Takerei has admitted she could not see what was on her head.

Other police officers at the scene - including Roberts - have told the court they didn't hear Doak threatening Takerei with his Taser or see him pressing it against her forehead.

Doak is also accused of presenting the Taser and firing the arc mode towards Takerei in the back of a police car when attempting to transport her home.

The arc option triggers the Taser to produce an electrical current between two prongs, a demonstration in court from Sergeant Darrin Putt showed yesterday.

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A recording from the weapon also shows the arc mode was activated for a brief moment, the court has heard.

Takerei was not shocked by the Taser during the incident.

Simmonds said his client accepts he used the arc mode "for about a second" but there was no evidence to suggest Doak presented the Taser at Takerei.

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

Superintendent Karyn Malthus, the Auckland City District commander, has said an internal police employment investigation will also be conducted.

The Independent Police Conduct Authority is carrying out its own investigation.

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Closing arguments in the trial are scheduled to be heard tomorrow.

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