Police used excessive force when they Tasered a man lying on the ground, having already been shocked, the Independent Police Conduct Authority (IPCA) has found.
The incident happened early in the morning of February 5, 2017 at Olympic Park in New Lynn, Auckland. A group of about seven were drinking alcohol in the park, a popular site with kids thanks to its large sandpit and sprawling playground.
Police asked them to leave but one of the group refused, becoming agitated and threatening, according to a just-released reported from the IPCA. The 18-year-old, described as "178cm tall and of strong build" told one of the two officers, "f**k off pig" and "began posturing for a fight".
While others put their drinks away, Mr X - as the report calls him - opened another. One of the officers took it away and poured it out, prompting Mr X to challenge the two officers "one-on-one".
When he resisted arrest, Mr X was pepper-sprayed - but this failed to subdue him, and he began swinging punches at the police. Warnings he'd be Tasered were met with claims of "I don't give a f**k".
- Police use of Taser on suicidal man 'excessive and unjustified'
- Tasers: Are police getting adequate training?
Realising they were "alone in the dark with seven drunk, athletic and aggressive" people, one of the officers fired his Taser, but it was deflected by one of Mr X's swinging arms. The second shot got him, footage shot by the Taser's camera showing him falling onto his back.
But when he rolled onto his side, the officer sent another 50,000-volt shock down the wires. The officer told the IPCA he thought the effect of the first shock had worn off, and Mr X was getting back up to continue the fight.
After the second shock, Mr X complied with police's request to put his hands behind his back so they could cuff him.
He then received medical treatment for the effects of the pepper spray at Waitakere Hospital, before being taken back to Henderson Police Station.
The IPCA was notified of the incident a few months later in July 2017. In its findings, it said police were justified in their use of the Taser in the first instance, but not the second.
"After using a Taser on someone, police should provide a reasonable opportunity for that person to surrender and obey their instructions before they use further force," said IPCA chair Judge Colin Doherty. "Mr X was not given that opportunity."
The officer who fired the Taser failed to give Mr X a chance to comply with his requests before firing the second shot. The video reveals he shouted at Mr X not to move at the same time he sent the second shock.
In every other regard, police did the right thing, the IPCA said.
Police accepted the IPCA's findings, but said it was important to view it "in context".
"Officers are put in high-pressure situations on a daily basis where they are forced to make quick decisions, often in the face of danger," said Supt Karyn Malthus, Auckland City district commander.
"While we accept the IPCA's criticism of the additional discharge of the Taser while the offender was on the ground, it is important to view this in the context of what was an extremely volatile situation where the officer, who anticipated the offender getting up to attack, was having to make a quick judgement decision to ensure his safety and the safety of his colleague.
"It is also important to recognise that the IPCA found the officers were justified in the use of pepper spray and the initial use of the Taser."
Mr X was ultimately granted diversion on charges of resisting police, assaulting police and disorderly behaviour.
Newshub.