Police pair on trial for assault

Christopher Wharton (left) and Gregory Hall found their accuser urinating in the carpark of an Albany tavern. Pictures / Kenny Rodger

Two police officers have gone on trial, accused of assaulting a student during an arrest 4 1/2 years ago.

Constable Gregory Richard Hall and Constable Christopher Geoffrey James Wharton, both in their late 20s or early 30s, face a joint charge of assaulting Hayden Graham Seath in the Bull and Gate Tavern in Albany just after midnight on November 12, 2000.

Both face a further charge of assaulting Mr Seath, now a 27-year-old software engineering student, in the unmarked police car on the way back to Takapuna police station.

Wharton, now based in Hamilton, faces a further three assault charges at the station.

In his opening address to the jury and Judge Fred McElrea in the Auckland District Court yesterday, prosecutor Robert Fardell, QC, said the case took so long to come to trial because Mr Seath and a witness who intervened were themselves charged and acquitted over the incident.

Mr Seath was charged with injuring Hall, now based in Auckland, by breaking his nose, while the witness was charged with assault.

The officers warned Mr Seath, who was drunk, about urinating in the car park.

They checked his identity and let him go, but afterwards Mr Seath returned and said that they had not given him back his driving licence.

Mr Fardell said that Mr Seath swore and abused the officers and was then arrested.

During the course of the arrest, Mr Fardell said, Mr Seath was pulled to the ground by Wharton while Hall punched him in the kidney area.

The incident was seen by witnesses, unconnected with Mr Seath.

One of them, Quintin Van Loggerenberg, went to Mr Seath's assistance.

A melee broke out and both Mr Seath and Mr Van Loggerenberg were arrested and handcuffed.

Mr Fardell said the officers went well beyond what was justifiable.

He said that in the police car, Hall repeatedly punched Mr Seath, causing him to lie down on the back seat to avoid being hit.

"The Crown says there was no doubt that Mr Seath was assaulted in an unjustified, unprovoked and unreasonable way," Mr Fardell said.

He said that at one stage Mr Seath leaned asked Wharton, who was driving, to intervene. Instead he allegedly struck him in the face with his elbow.

Mr Seath was placed in an interview room at the police station.

Mr Fardell said that on three separate occasions Wharton came into the room and assaulted him, with up to 50 punches in total.

Mr Fardell said that when spoken to, the officers denied any wrong-doing. "They said the arrest was lawful and they used no more force than was necessary."

He said police were entitled to use reasonable force when making an arrest, but there was no justification for the assaults on Mr Seath.

Mr Seath told the jury that at the police station Wharton slowly put on fingerless black leather gloves, staring at him, before launching one of his "full-force"attacks.

Mr Seath, handcuffed throughout, said: "It was almost like he was trying to knock me out or kill me.

"He was obviously trying to mess up my face, because that is what he was going for, and my head."

Philip Morgan QC, appearing for Wharton, and Richard Earwaker and Siobhan Buckley, for Hall, said that the issue was one of credibility.

Mr Earwaker said that Mr Seath was the real aggressor, and his claim to have broken Hall's nose with his knee while defending himself was "nonsense."

He said that Mr Seath realised that he was in trouble and the police were trying to arrest him.

"You completely and utterly over-reacted to the situation and you started to get physical and violent towards the officers."

Mr Earwaker said Mr Seath had fabricated part of the incident to avoid being convicted of assault.

Mr Seath denied the allegations.

Mr Morgan asked Mr Seath if he told the police doctor about Wharton "raining 50 blows" to his unprotected head and upper body while he was handcuffed, but Mr Seath said the doctor did not seem interested and didn't respond.

Mr Morgan said that Mr Seath knew he was being charged with something serious and thought that the best way to get out of trouble was to falsely accuse the two officers of assaulting him.

Mr Seath denied the accusation.

The charges

* Constables Gregory Richard Hall and Christopher Geoffrey James Wharton are charged with assaulting Hayden Seathin a pub car park in 2000.

* Both face a further charge of assaulting Mr Seath in a police car.

* Wharton faces another three charges of assault at Takapuna police station.