IPCA finds senior Northland police officer improperly influenced prosecution to withdraw charge against business partner's son

  • 14/07/2022

A senior Northland police officer has improperly influenced the prosecution to withdraw a charge against his business partner's son, the police watchdog has found.

The son was charged with assault after punching a woman outside a popular bar in Whangārei.

The Independent Police Conduct Authority (IPCA) found the officer had a business relationship with the charged man's father.

He actively involved himself in the prosecution process, influencing the prosecutor to withdraw the charge and had breached the conflict of interest policy due to his relationship with the man's father.

The authority also found the prosecuting officer's assessment of the evidence and his ultimate decision to withdraw the charge were influenced by the senior officer.

IPCA acting chairman Judge Colin Doherty said the senior officer's actions were "inappropriate and improper". 

"The officer should not have become involved in the prosecution of this case," Authority Chair Judge Doherty said. 

"As a senior officer in the District, he should not have used his position to influence the decision-making of other officers."

The saga began at 1am on June 14, 2020, when the son was standing with a group of friends outside a popular bar on Vine Street in Whangārei. 

The son became involved in an argument with another male, who was with his girlfriend. The son threw a punch, which hit the girlfriend on the right side of her head.

The girlfriend told nearby police officers about the assault, and she was able to point out the son as the person who had punched her.

Police arrested the son, and he was taken to Whangārei Police Station where he was charged with assault on a female. 

He was given bail to appear in the Whangārei District Court on June 17, 2020.

The assault was recorded on closed circuit television (CCTV) cameras owned by the Whangārei District Council and managed from Whangārei Police Station. 

In text messages seen by the authority, the father asked if the senior officer was making any progress with the case.

"It is but I've been watching Mission Impossible, if they can do it, so can you and me," the senior officer replied to the father. 

The senior officer advised the son not to make a statement to police, and the IPCA found he allowed the father and son into a police station to view CCTV footage. 

The senior officer went as far as to tell the prosecutor to call the complainant (the girlfriend) and tell her there was "little evidence of an assault," the IPCA report said.

But, the IPCA conducted its own analysis of the footage and found it clearly showed the son throwing a punch. 

Police superintendent Tony Hill, Northland district commander, acknowledged the decision on Thursday.

"Police accepts the IPCA's finding that there was a conflict of interest for the senior officer and that he should not have been involved in the case," Hill said.

"An employment investigation has been concluded."