Cop who punched cuffed man loses appeal

A Wanganui policeman has failed in his bid to overturn a conviction for punching a very drunk suspect in the head as the man was being handcuffed by other officers.
In 2009 Matthew Blythe, a dog handler, was called to a suspected break-in at a Wanganui supermarket. He saw a man running away. The man did not stop when ordered and when Blythe released his dog, the animal misunderstood his instructions and returned to him.
Two other officers caught the man and were in the process of arresting and handcuffing him when Blythe came up and punched the man in the face, knocking him to the ground. The man suffered a chipped tooth and some bruising.
It transpired the man had not broken into the supermarket but was running home drunk from a function.
In the High Court at Wanganui last year Blythe was convicted of assault and ordered to pay the man $1500 in reparation for emotional harm.
He went to the Court of Appeal this year, arguing that the judge was wrong to convict him and he should have been discharged without conviction.
However, the Appeal Court, in a decision released yesterday, said the High Court judge essentially got it right and dismissed Blythe's appeal.
Blythe, who at that stage had 23 years with the police, also argued the conviction was too harsh a punishment.
But both courts rejected that and the Appeal Court said while there would be a black mark on his lengthy and untarnished record, there was no certainty it would end his career with the police.