The police watchdog describes an officer's decision to taser a man with an outstanding warrant who needed to administer his son's cancer medication as unlawful and unreasonable.
On June 15, 2018, the man fled police in Auckland when two officers were sent to check on his children, after he sought police advice over a domestic situation earlier in the day.
- Police failed legal duty when man died in Hawke's Bay Custody Unit of drug overdose - IPCA
- Police used excessive force 'leg-sweeping' man in Ashburton - IPCA
- Police checkpoint after euthanasia meeting found unlawful
The officers found he had an outstanding warrant for arrest for not paying his fines.
When the discovery was made, the man asked the officers not to arrest him, saying he needed to be home to administer his son's cancer medication.
The man took the officers to his apartment and showed them the medication, at which point his partner and children arrived home.
His partner was upset that police were there, and officers decided to arrest the man so that he and his partner would be separated for the night to "cool off".
When the man decided to flee from the officers to avoid being arrested, he jumped off a balcony and broke his ankle. The arresting officer then tasered him twice, although he was unaware the man had broken his ankle.
The Independent Police Conduct Authority (IPCA) says the officer had no lawful justification for using the taser.
Authority chair Judge Colin Doherty said the authority was not satisfied the officer used the taser to defend himself or others.
"The man had just run away from the officers and his partner, removing any imminent threat the officer believed he posed to them."
It was also noted by the IPCA the man posed no immediate danger to anyone else after he jumped off the balcony.
Police say the IPCA findings have been acknowledged, adding the situation was not handled well.
"Policing can be very unpredictable and our officers are often faced with making quick decisions in rapidly-changing situations," said Auckland City District Commander Supt Karyn Malthus.
Newshub.
