Conflicting accounts of a violent struggle between a West Coast man and a police constable meant a complaint against the policeman could not be upheld, Police Complaints Authority Ian Borrin says.
Another complaint over alleged excessive force against the man also could not be upheld, Mr Borrin says.
John Menzies
complained to the authority following an incident in the early hours of July 8, 2000, near the Dunollie Hotel, Runanga, during which he was arrested and later charged with assault on police.
Mr Menzies later sued police, alleging four officers brutally beat him after threatening him with arrest for no reason as he walked home from the hotel. He was given $35,000 in compensation.
Mr Borrin outlined events at the two trials - the criminal trial at which Mr Menzies was found not guilty on three counts of assaulting police - and the civil trial at which the $35,000 payout was ordered.
In his complaint to the Police Complaints Authority, Mr Menzies said the officers who dealt with him deliberately picked him up while handcuffed and drove him into a concrete pole.
Mr Menzies alleged he was assaulted by police in two separate episodes - first in a confrontation and struggle with Constable Terrence Hunt and second when other officers arrived on the scene.
Mr Borrin said in his report into the complaint that while three officers used force to arrest and handcuff Mr Menzies, he was "unable to uphold the complaint" of assault or the use of excessive force.
"The weight of evidence in my view indicates that Mr Menzies' impact with the pole occurred in an accidental, rather than a deliberate, manner when he was tackled by Constable (Phillip) Little on his arrival at the scene.
"It follows that the authority is unable to uphold the most serious allegation made against police, namely that Mr Menzies was picked up horizontally by at least three of the officers and driven forcefully and head first into a concrete pole."
Mr Menzies also complained about Constable Hunt's behaviour but Mr Borrin said there were conflicting accounts given by the two men, and in the absence of independent evidence, he was unable to uphold the complaint against Constable Hunt.
However, he emphasised that he did not disbelieve either man's account.
- NZPA
