Judge slams use of pepper spray

Police use of pepper spray during a protest in Rotorua has come under fire from a District Court judge, who said officers failed to exercise tact, tolerance and restraint in policing a demonstration in January.

Judge James Weir has forwarded his finding to the Police Commissioner, saying the use of pepper spray in the case raised more questions than answers.

Judge Weir said there was no evidence the officers involved were authorised to carry the spray.

Felicity Perry and Arthur Price were charged with trespass and Simon Oosterman with resisting and obstructing police after a protest outside the Forest Research Institute in Sala St on January 30.

The three, members of a group known as the People's Moratorium Enforcement Agency, were part of a group of about 40 protesters trying to raise awareness about alleged genetic engineering at the institute.

Judge Weir acquitted the three of the charges on August 17, saying evidence given by three police officers involved, Constables Yorkney, Bennett and Condor, was contradictory.

He said a video of the protest illustrated the officers' breach of basic principles in regard to their conduct and management of demonstrations.

"Two of those basic principles, namely the exercise of tact, tolerance and restraint, and use of powers reasonably and properly, appear to have been more observed in their breach than their compliance."

Police spokesman Jon Neilson said the Commissioner's Office had received a copy of the decision but needed to go back and establish exactly what happened before making any comment.

Ms Perry was arrested during the protest and suffered a swollen red and raw wrist and an abrasion under her arm, and Mr Oosterman was pepper sprayed while coming to her aid.

Mr Price was arrested while holding a banner and walking forward to see Ms Perry being arrested.

Constable Yorkney, who arrested Mr Oosterman, told the court he pepper sprayed him because he had told him to let go of Ms Perry.

"He said there was a short struggle," Judge Weir said. "He pepper sprayed him because he was passively resisting, he was holding his arms out, turning and twisting and it was for that reason he pepper sprayed him."

The police's basic principles for demonstrations say police are not to carry pepper spray unless authorised by the district commander.

"There was no evidence that anyone was authorised to carry OC spray at that demonstration," Judge Weir said.

He later said the use of the spray raised more questions than answers and asked why a district commander would authorise the use of pepper spray in the circumstances.

Mr Oosterman said he and his lawyer, Louis Te Kani, were preparing action against the police over the incident.