The Authority oversaw a Police investigation into a Wellington officer allegedly punching and swearing at a detainee. The person was hospitalised at the time, having been found with a severe wound to their leg after being transported inside a custody van.
In July 2023, Ambulance received a report from a concerned member of the public of a severely intoxicated person lying partially unconscious in a back alley of central Wellington. Due to the unavailability of an ambulance two officers responded and engaged with the person who soon became belligerent. The officers detained the person and sought to transport them to the Police station in a custody van. Additionally, Police had organised for the initially requested ambulance to meet the officers and person at the station. As the officers attempted to put the person inside the van, the person resisted by putting their leg outside of the cubicle so that the door could not be closed. The officers eventually managed to secure the person inside the cubicle and left for the station.
Once at the station, the officers opened the van door to see the person was severely bleeding from their lower ankle. The paramedics who were present transported the person to hospital. The two officers accompanied the person at the hospital. Whilst there, the person again started acting belligerently and aggressively, as they got up from their bed, their wound reopened. Hospital staff proceeded to hold the person to sedate them and treat the now bleeding wound. The officers present were requested to assist in pinning the person down to the bed. In response, the person bit one of the officers on the arm. The officer punched the person twice to the face to stop the biting from continuing and swore at them. The person sustained a cut to their cheek and swelling to their eye as a result of the officer’s strikes. The hospital later notified Police who subsequently investigated the matter.
The Police investigation found that it was inconclusive as to how the person sustained the injury to their leg.
With regards to the punches, neither the person nor any of the hospital staff made a formal complaint to Police for the matter to be pursued criminally. Police therefore had insufficient evidence to charge the officer for assault. However, Police found the force used beyond the initial strike and language used were in breach of the Code of Conduct and completed an employment process. The officer maintained that the punches were reasonable throughout the investigation.
The Authority agreed the Police findings and was satisfied with the investigation Police undertook and the outcome they reached.
IPCA: 23-19937