KEY POINTS:
Four Whakatane police officers accused of assault have been committed for trial.
Sergeants Keith Parsons, 51, and Erle Busby, 46, senior constable Bruce Laing, 45, and constable John Mills, 38, are jointly accused of assaulting a man with pepper spray and batons in the Whakatane police cells in October.
At a depositions hearing in Whakatane District Court today Tauranga-based lawyer Rachael Adams, conceded that there was a case to answer.
She entered not guilty pleas on behalf of the four police officers and told community magistrates Kevin Hurley and Heather White that they could be committed for trial without the hearing of evidence.
The men were remanded for a callover in the Tauranga District Court on July 26.
All evidence, including witness statements and DVD footage of the alleged assault, was handed up.
Busby faces three charges of assault using a police tactical baton and one charge of assault using a police side handle baton.
Parsons faces two charges of assault using a tactical baton and one charge of assault using pepper spray.
Laing and Mills are each charged with assault using pepper spray.
All evidence at the depositions hearing, including witness statements and DVD footage of the alleged assault, was handed up to the community magistrates.
The media were refused permission to publish information contained in the depositions evidence. However, the community magistrates allowed the filming and still photography of the exhibits, including the batons and pepper spray used in the alleged assault.
Mrs Adams sought suppressions of the DVD footage of the alleged assault saying there were issues regarding its authenticity and expert advice was still be sought on technical aspects.
She said that without the DVD much of the written submissions were out of context or had no explanation or balance and it would be unfair to the defendants at this early point if that material appeared.
She said public interest in the case had to be secondary to the considerations of a fair trial.
- NZPA
