IPCA finds Taranaki police were justified in using 'significant force' during an arrest

The IPCA has investigated a complaint by an offender who claimed he was kicked in the head by arresting police officers. Photo / Bevan Conley

The independent police watchdog has found Taranaki officers were justified in using a range of tactics, including pepper spray and Tasers, to arrest a man who had been on the run for months.

The man, referred to in the Independent Police Conduct Authority's (IPCA) report as Mr X, was arrested on May 21, 2020, at a house in Inglewood.

He was regarded by Police as one of its top five priority violent offenders and was wanted for recall for prison. Police had been searching for the man for eight months and he had fled from them several times during that period.

Following his arrest, Mr X complained to the authority about the level of force used during his capture. He claimed he was kicked in the head four times while on the ground with officers holding on to him.

Around 4pm on the day he was apprehended, seven officers surrounded the Inglewood property.

Mr X saw police, fled out of a side window and tried to get to a car parked in the driveway.

As he then moved toward one officer aggressively, the officer fired his Taser at him twice.

The man ripped out the Taser probes and tried to open the car door and then fell on to his back.

Officers tried to control Mr X as he kicked out and resisted violently.

The man was tasered a third time, pepper sprayed and physically restrained by four officers before he was brought under control and transported to the police station.

But even then, the man attempted to open the door of the moving police car in an effort to escape.

The IPCA found that the use of "significant force" was justified to prevent Mr X from escaping custody.

"He is powerful and muscular and fought against Police for approximately three minutes before being restrained," the authority's report stated.

"He was wanted for serious offences and had successfully evaded police several times already, placing the public and Police at risk during these attempts. He posed an ongoing risk while he remained at large."

The man complained that he was kicked in the head four times by police but the IPCA reviewed footage of the arrest and found an officer had put his foot on the man's shoulder and neck while he was on the ground to restrain him.

This was a reasonable option in the specific circumstances, it said, adding there is no evidence of a deliberate kick.

Authority chair, Judge Colin Doherty, said the force used during Mr X's arrest was considerable and prolonged.

"However, it was necessary and proportionate in the face of the man's strong and increasing resistance, his determination to escape, and the serious consequences if he was successful."

Central District Commander Superintendent Scott Fraser accepted and acknowledged the findings.

In a statement, he said the man had a history of violent offending and gang involvement.