Police officer tells inquiry why he used pepper spray

Police pepper spray Scott McDonald. Picture / TV3

One of the police officers involved in the controversial pepper spraying of a handcuffed man told an 18-year-old waitress afterwards: "I've got him for you".

The statement is contained in a police interview with the woman, who was working as a waitress at last May's Fight For Life celebrity boxing event at West Auckland's Trusts Stadium.

Alexandra Mak, 18, set in motion the events that led to the spraying after complaining to police about the behaviour of Scott McDonald.

Constable Alexander Nicholson arrested, handcuffed, then pepper sprayed Mr McDonald as he lay on the ground - an action captured by a TV3 cameraman.

Coverage in the Herald on Sunday and on TV3, together with the dramatic photos of the event, led police to launch an internal professional standards inquiry into Mr Nicholson's action. The outcome could lead to internal charges or external criminal charges.

The Herald on Sunday has obtained documents from that inquiry which reveal that police became involved after Ms Mak alleged Mr McDonald had made offensive remarks.

The documents also reveal that Mr McDonald had been drinking over a six-hour period throughout the evening. He consumed a meal, a dozen Corona beers and most of a bottle of red wine.

The events that followed have been disputed by both sides, who both have supporting witnesses, but end with Mr McDonald being sprayed while lying handcuffed on his back.

Internal police investigator Sergeant Rochelle Danby asked Mr Nicholson what danger Mr McDonald posed. Police are only allowed to use pepper spray, called OC Spray, when people pose a threat to themselves or others. Mr Nicholson told Ms Danby even though Mr McDonald was handcuffed he considered him a danger because he was "kicking out". The claim was supported by Constable Josh Jones, with whom he was working that night, but disputed by other witnesses.

Mr Nicholson said he walked around Mr McDonald's head and watched him "threshing".

"I then decided that he was a threat to police and, basically, needed to get this offender under control before it got out of hand, so at that point I then decided to use my spray.

"I pulled my spray out, gave him a short, sharp dose in the eyes, then put my spray away."

Mr Nicholson said "there was much he could have done to himself at that point unless he, you know, started banging his head against the concrete or anything".

He said that "even though Mr McDonald was... in handcuffs he wasn't under police control".

He sprayed Mr McDonald to get him under control. "He basically, after he was sprayed, he didn't thresh around as much and we had him under control."

Mr Nicholson was quizzed on obeying police instructions on using the spray.

He said he was the regulation 1m away from Mr McDonald when he sprayed him, and also that he had given no verbal warning as obliged because he "couldn't get a word in edgeways".

Mr Nicholson also said he considered Mr McDonald to still be a risk after being pepper sprayed. He made the claim when he was being asked why AfterCare, which takes the sting out of pepper spray, was not used immediately.

Ms Mak, who alerted police to Mr McDonald, said she learned of the arrest from one of the police officers at the stadium.

"... I was sitting outside with my friend and the cop drove past me and he goes 'I've got him for you, I've got him for you' meaning he was inside the wagon."

She told an interviewer from police professional standards that Mr McDonald "could barely stand up". She said "he was falling over and stuff and was screaming stuff and you know, like, making jokes at all the waitresses. I understand why you guys would have sprayed him, or whatever."

A police spokesman said a report from the internal inquiry was being considered and police would make no comment.

Mr McDonald's lawyer Chris Comeskey refused to comment, other than to say his client would contest the charges.