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Allegation of excess force during arrest at residential property in Pakuranga

6 September 2024

The Authority oversaw a Police investigation into a complaint that a Police officer used excess force while arresting a fleeing driver. It was alleged that the officer, who had pursued the fleeing driver to the fleeing driver’s home address, pushed occupants of the address to the ground and drew his firearm, pointing it at an occupant’s head. It was also alleged that the fleeing driver was assaulted by Police and sustained a broken tooth while being escorted to a Police vehicle.

The Authority agreed with Police’s investigation findings. The officer had lawful grounds to enter the fleeing driver’s address. The officer reasonably believed that he had been bitten by a dog upon entering the property and, fearing that he was at risk of serious injury, the officer drew his firearm in response. Video of the incident shows the officer holding the firearm at his side and pointing it towards the ground. At no time did he point it at those present.

Several occupants at the address came near the officer as he was attempting to detain the fleeing driver. Given that the situation was volatile and that the officer could not be sure of their intentions, his actions in pushing them away were reasonable.

The Authority also agreed with the finding that Police did not push or assault individuals as they withdrew from the address. Dental records revealed that a broken tooth allegedly sustained by the fleeing driver was caused some time prior to this interaction with Police.

The Authority is satisfied that Police took adequate steps to speak to witnesses during the Police investigation and is satisfied with the outcome.

IPCA: 23-19491


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