Police officer who punched drunk man in the face in Auckland CBD used excessive force - IPCA

The officer says he thought he was about to be spat on.
The officer says he thought he was about to be spat on. Photo credit: File

A police officer who punched a man in the face because he thought he was about to be spat on used excessive force, the police watchdog says.

In a report released on Thursday morning, the Independent Police Conduct Authority (IPCA) found the punch - which left the man with a cut, swelling and bruising - was not justified.

The officer had been working at a roadblock in Auckland's CBD on March 7, 2020 when a drunk man riding his bicycle with no lights and wearing an unsecured helmet was stopped.

When asked for his personal details, the man is said to have become aggressive and refused to provide any information before attempting to flee on his bike.

"Three officers pulled the man to the ground and arrested him for obstruction," the IPCA says.

"They put him in handcuffs and walked him to a nearby prison van. The officers then conducted a search of the man before putting him into the van."

It was during this search that the officer, believing the man was about to spit on him, punched him in the face.

"I am concerned that the officer's immediate response was to punch the male in the face," said IPCA chair, Judge Colin Doherty.

"It is accepted that the male was actively resisting the arrest and was threatening the officers, but the punch was excessive in the circumstances."

The IPCA said arresting the man and using force to pull him from his bike were justified, but there were "other options" to deal with the threat of spitting - including the use of an open hand to push the man's face away.

It also found the officers should have had access to a spit hood - a device that can be placed on a detainee's head to make it harder for them to spit at or bite police staff.

In a statement, police said it accepted the IPCA's findings and confirmed the officer had gone through an employment process, the result of which is confidential.

Superintendent Karyn Malthus, District Commander for Auckland City, says the officer was "genuinely concerned about letting the man proceed while he was visibly intoxicated and with a lack of safety measures on his bicycle".

While the officer wasn't spat on, Supt Malthus says the officer believed they were going to be.

"To be spat on while doing your job is a stressful event for our staff that puts their health and safety at risk.

"However, Police accept that a punch was not the best option in these circumstances and the officer should have used an open hand to push the man's face away."

Supt Malthus also acknowledges a spit hood should have been used.