The Independent Police Conduct Authority has found that force used by two custody officers restraining a detainee within the Counties Manukau Custody Unit on 31 October 2022 was unjustified.

The detainee was waiting to appear before the court when he became aggressive and disruptive, shouting and kicking the cell door. The sergeant in charge decided the detainee needed to be transferred back to the police station custody unit. When the first custody officer entered the cell, a struggle ensued. A second custody officer, followed by four more, assisted in handcuffing the detainee. During the struggle, both the first and second custody officers stomped on the detainee’s legs. The first custody officer also slapped the detainee twice in the head and the second custody officer used his knee to strike the detainee’s torso multiple times. The final slap and knee strike occurred after the detainee was handcuffed.

Despite the detainee lying face down on the concrete cell, motionless with multiple officers on top of him, both custody officers told the Authority that the strikes were necessary as they were struggling to control him. The Authority found the custody officers’ explanations were contradicted by the evidence and that the strikes were gratuitous, excessive, and therefore, unjustified.

Police considered the actions of the two custody officers to be justified, apart from a knee strike which occurred after the handcuffs were applied. Police charged the second officer with common assault for the knee strike. He pleaded guilty to the charge and completed diversion. The two custody officers are no longer employed by Police.

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