Using a police dog to pull a man from a car after he refused to co-operate with officers in Invercargill has been deemed unjustified by the IPCA.
Using a police dog to pull a man from a car after he refused to co-operate with officers in Invercargill has been deemed unjustified by the IPCA.
Using a police dog to pull a man from a car after he refused to co-operate with officers in Invercargill has been deemed unacceptable and unjustified by Independent Police Conduct Authority chair Judge Colin Doherty because other tactical options were available.
The driver complained to the authority about a policedog being used and his being pushed to the ground, causing him to hit his head after he refused to co-operate with police.
The judge also said the actions of the dog handler, who kicked the driver on his arm and body while he was on the ground, were unjustified.
The driver, who had been pulled over for speeding early on October 18, 2020, refused to co-operate with police after failing a breath test.
Back-up officers, including a dog handler, arrived to help. The dog handler had commanded his dog to bite the driver and pull him from the car after he refused for 15 minutes to leave the vehicle.
Two officers attempted to pull the driver from the car, but he continued to resist and was verbally abusive.
The dog handler then commanded his dog to bite the driver and pull him from the car. The driver received puncture wounds to his arm, facial grazing, scratches and bruising.
Judge Doherty said "using a police dog was an overreaction".
"In this case, the driver had been pulled over for a driving offence and did not pose a threat to the public with the car immobilised and surrounded. He was being physically resistant and verbally aggressive but sufficient officers were present to deal with him and the two passengers.
"Other tactical options, such as continued negotiation or pepper spray, were preferable to using a dog capable of inflicting serious injuries.''
The authority's report said two passengers were also arrested after they shouted abuse and gang slogans. One passenger spat at police, while another got out of the car and confronted officers.
Acting Southern District Commander Mike Bowman said the officer involved had pleaded guilty to a charge of injuring by an unlawful act.
"Any officer whose actions are potentially criminal will be thoroughly investigated and held to account.''
While the authority had completed its investigation into this incident in July 2021, it delayed the report's release until after the conclusion of related court proceedings.
Bowman said an ongoing employment investigation prevented any further comment at this time.
This story originally contained an image of a police dog and handler. It was a file image and neither the dog or the officer was involved in the IPCA case. We regret the confusion this may have caused.
