A policeman unnecessarily used his leg to flip over a man he was putting in a cell, causing him to hit his head on the concrete floor, the Independent Police Conduct Authority has found.
File photo. Photo: 123RF
The complainant had been arrested for using offensive language at Wairoa Police Station's reception in January 2019, and later claimed the officer used excessive force.
The Authority found the officer was justified in using his leg to take the man to the ground in the hallway, after the man began thrashing around and yelling abuse.
The officer was also justified in using his fist to hold the man's head against the floor when he believed the man was about to spit at him, it said.
The man had complained the officer turned his fist and drove his knuckles into his cheek to cause him pain; however, the Authority found insufficient evidence to determine whether that occurred.
When they got to a cell, the man was still resisting and the officer used his leg to flip the man onto the concrete floor, before he exited the cell, causing him to hit is head on the cell wall and floor.
This use of force was "unnecessary", and the man probably did hit his head, as he was still handcuffed and couldn't put his arms out to break his fall, the Authority found.
"The officer could have pushed the man into the cell without the need to flip him onto the concrete floor, and should have done so" said Authority Chair, Judge Colin Doherty.
Tairawhiti Area Commander, Inspector Sam Aberahama, says any use of force is a last resort, but the offender presented a risk to the officer and others in the station.
"The officer involved took reasonable steps to quickly detain the man after he became aggressive.
"The challenge for Police is when there is levels of resistance, the force applied should be reasonable and proportionate. It is important that we review incidents such as this and share anything learnt with each other," he said.