Police officers apply for discharge after assault

Photo / APN

Two police officers are trying to keep their clean records after being found guilty of assaulting a teenager.

A jury found Gareth John Needham and Alan Michael Douglas guilty of assault at the Auckland District Court in December and now the pair have applied for a discharge without conviction.

Joshua Hart was 18 when he was confronted by police in a West Auckland park last February.

The Crown said Mr Hart had been drinking with other teens and insulted police after his drink was knocked out of his hand by Needham.

Needham punched Mr Hart twice - once while he was on the ground. Mr Hart was handcuffed and continued to insult police before Douglas hit him in the face.

Douglas and Needham have been stood down on full pay since the incident and were back in court yesterday to hear their lawyers argue that they both should be discharged without conviction.

Crown prosecutor Hugh Leabourn said Needham and Douglas had breached a position of trust by assaulting Mr Hart.

He said there was no guarantee the pair would lose their jobs if they were convicted and any decision on their future would be made after a police disciplinary hearing.

Mr Leabourn said the Crown accepted that there was a degree of provocative behaviour from Mr Hart but that was no justification for the assault.

Needham's lawyer, Richard Earwaker, said his client had the right to use force when arresting Mr Hart.

He said Needham was remorseful and willing to undergo a restorative justice programme with Mr Hart, if Mr Hart was willing.

Mr Earwaker also noted that Mr Hart did not oppose a discharge without conviction and quoted from his victim impact statement: "They should have learned their lesson by now." Douglas' lawyer, Todd Simmonds, said there was no need for the community to be protected from his client. He said he was not trying to shift the blame on to Mr Hart but said Mr Hart's "conduct was reprehensible".

Mr Leabourn said he was unsure of how willing Mr Hart would be in taking part in a restorative justice programme and told the court he would give it chances of two or three out of 10.

Judge Allison Sinclair remanded the police officers at large to give the court time to approach Mr Hart and see what his feelings were.

Douglas also gave evidence in another assault trial last December after responding to a neighbourhood dispute in West Auckland in May 2008.

Timothy Croft was charged with injuring with intent to injure Douglas' partner, Constable Sarah Lord. Douglas told the court that Mr Croft was swearing loudly and went after Ms Lord.

Mr Croft said Douglas punched him in the eye and kicked him while he was on the ground.

The jury found Mr Croft not guilty by a majority of 10 to one. A 12th juror was excused for sickness.