The altercation began when the man was to be moved from a court cell to a cell at the police station. Photo: 123RF
Two custody officers involved in an assault on a handcuffed man are no longer employed by the New Zealand Police.
The Independent Police Conduct Authority (IPCA) found the officers used unjustified force when restraining the victim in the Manukua District Court in October 2022.
In a report released on Tuesday, the authority found that two officers repeatedly stomped on and struck the man, referred to as Mr X, including stomping on his leg and repeatedly striking Mr X's back even after he was handcuffed.
In a statement, police said the behaviour was completely unacceptable and it proactively reported the incident to the IPCA.
The officer who struck Mr X when he was handcuffed was charged with common assault, pleaded guilty to the charge, and completed diversion.
The altercation began when Mr X was to be moved from a court cell to a cell at the police station.
The authority said they accept that Mr X was uncooperative and aggressive.
"When custody officer A entered the cell, Mr X squared up to him and was plainly determined to resist whatever police wanted him to do."
Officer A then used force to move Mr X to the ground, and the authority said this was "required to ensure Mr X was restrained so that he could be transferred to another cell".
However, CCTV footage shows that custody officer A stomped twice on Mr X's lower left leg, with custody officer B also stomping and standing on Mr X's lower right leg.
According to the report, "although Mr X was struggling, at these times, his legs were being controlled by another custody officer".
The authority said it did not accept these actions had any material impact in restraining Mr X.
"They were unnecessary and may have injured Mr X who was face down on the concrete floor of the cell with multiple officers on top of him."
The authority was especially concerned that custody officer B delivered the final knee strike after he himself had handcuffed Mr X, in a move that was considered by the authority to be "gratuitous, excessive and unjustified".
Police said it acknowledged the findings.
Counties Manukau District Commander Superintendent Shanan Gray said the custody units can be very challenging and volatile environments.
"The staff working in custody units must make quick decisions, dealing with people who are often aggressive and violent however, we have a responsibility to ensure that those who come into our custody units are cared for professionally and that the behaviour of our staff aligns to our police values.
"One of the custody officer's behaviours fell short of the high expectations we set for ourselves, and he was charged accordingly," Gray said.
Police said the two main custody officers involved are no longer employed by the organisation.
