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An acting sergeant who threw seven punches in seven seconds at a man backed into the corner of a police cell, and not hitting back, claimed the violence was an attempt to gain compliance.
The attack at the Hāwera Police station only ended when another officer grabbed Caleb Barry JohnTurfrey's vest and pulled him off the man — a gang member arrested for possessing an offensive weapon.
Turfrey, who wore non-police issue gloves with hardened thermoplastic plates over the knuckle area during the assault, was convicted in April and fined $1500. The 36-year-old is no longer a police officer.
Former police officer Caleb Barry John Turfrey. Photo / NZME
Turfrey is the fourth officer from Hāwera station, which polices the South Taranaki district and its population of nearly 30,000, to appear before the court in recent times.
Sergeant Sandra Shaw, probationary constable Corey Waite and constable Craig Longworth were acquitted of manslaughter after the June 2019 death of detainee Allen Ball, 55, in a station cell.
Police officers Sandra Shaw, Craig Longworth and Corey Waite were acquitted of manslaughter after a man died while in custody at Hāwera Police Station. Photo / Pool
New Zealand Police did not respond to questions about the two unrelated incidents.
Central District Commander Superintendent Scott Fraser did say, however, that the behaviour of one officer could have an extremely detrimental impact on others who worked each day to make a positive difference.
"These staff both understand and don't take for granted that we can't do our jobs without the support and trust of those in our local community," Fraser said.
The latest incident occurred on September 15, 2020, while Turfrey was on duty in Hāwera and an acting sergeant. Court documents obtained by Open Justice detail how Turfrey stopped a vehicle occupied by three Nomad gang members and a woman about 2pm.
At the time, two of the men were wanted by police in connection to a serious assault.
Turfrey spotted weapons in the vehicle and other officers soon arrived to assist and conduct a search.
The handcuffed gang members were difficult to manage, yelling gang slogans and walking away from where they were told to stand. One ran off and was apprehended by another officer blocks away, the documents stated.
Allen Ball died in a cell at Hāwera Police Station. Photo / Supplied
Meanwhile, the Nomad who would go on to be assaulted grew aggressive and was eventually arrested.
Back at the station, he was calm and compliant as he underwent a compulsory impairment test.
But when the result was considered unsatisfactory and the man was told he would have to provide a blood sample, he refused and became agitated.
He was taken into a cell where he mocked Turfrey and another officer.
After throwing his jersey at Turfrey's face, the man "quickly moved" towards Turfrey while continuing to insult him.
Turfrey pushed the man's face and neck area, before punching him twice in the head. Turfrey pushed his face again and the man began to retreat, but Turfrey delivered another blow.
"The victim was forced further backward with his back against the cell wall.
"The victim's hands remained at his side at this point and there was a clear physical separation between the defendant (Turfrey) and the victim," the documents read.
But Turfrey continued to advance. He struck the man with an upper-cut blow to the head, among other punches that did not connect.
"The victim was backed into the cell corner and was trying to push the defendant (Turfrey) away with his foot when the second police officer entered the cell and grabbed the back of the defendant's vest and pulled him off and away from the victim."
The man assaulted while in custody was a member of the Nomad gang. Photo / File
In total, Turfrey threw seven blows in about seven seconds, the court documents said. The man's face was bruised.
Turfrey told police his actions were in self defence and to gain compliance in an effort to search the man.
Turfrey declined to comment when approached by Open Justice this week.
At his April 22 sentencing this year at Hāwera District Court, he was convicted of common assault and fined $1500 plus court costs.
Judge Lynne Harrison declined an application for permanent name suppression, saying his case did not meet the high threshold of extreme hardship, and even if it did she was still required to balance factors such as open justice and public interest.
"In my view, if I was to go down that track and look at that discretionary assessment, there would be considerable public interest in the public knowing about this prosecution," Judge Harrison said.
"Police assaulting detainees whilst in custody, in my view, is a legitimate public interest and a debate about force used by the police."
Only a few of the complaints were ever upheld, it was found.
Human rights lawyer Dr Tony Ellis said the man assaulted was vulnerable at the time and both Turfrey and New Zealand Police had a responsibility to keep him safe, regardless of who he was or his conduct.
"Part of the basic fundamental laws of the legal system is everyone is equal before the law," he said.
"Nobody can be beaten up by anyone else, whether they are in the police cells or at home."
Ellis said there were additional legal protections for people when detained by the state.
"What the law requires is that when you're detained you are vulnerable, so international human rights law has developed so you get these additional protections," he said.
"In a police cell, or in a hospital at a mental health unit or an immigration centre or wherever, you are less able to defend yourself than normal and the people who are in charge of you have got this additional responsibility to keep you safe."
Without knowing Turfrey's circumstances, Ellis said in his view his sentence sounded "somewhat light".
"Normally penalties for people in that situation would be higher than for the likes of you or I."
NZ Police confirmed Turfrey was no longer an employee. The IPCA said he resigned while under criminal and employment investigation.
Police had notified its watchdog of the incident but it was referred back to police to investigate with the authority's oversight, IPCA's Stu Graham said.
