The IPCA report said the man's arrest was justified but the use of force when he was in the Auckland Custody Unit was not. Photo: 123RF
The Independent Police Conduct Authority (IPCA) has found officers used unjustified force on a man who complained he had been "face-planted" onto a concrete cell bed.
The authority said the man, named only as Mr X, was arrested in January 2023 for breach of bail and placed in a cell at the Auckland Custody Unit.
Mr X told investigators he had fallen face-first when officers pulled his legs out from under him, after he was reluctant to enter a wet cell.
Mr X claimed he had been knocked out and left bleeding from the mouth.
In findings released on Thursday, the authority found Mr X's arrest for not being home at his bail address was justified, but the use of force was not.
The authority also said medical advice should have been sought, and Mr X should not have been left without a mattress for five hours.
The cell was wet because it had just been mopped - it had not been made wet as punishment for spitting, as Mr X believed - but officers could have put him in a dry cell instead.
The cell opposite appeared to be dry and unoccupied.
Overall, the standard of care fell well below expectations, the authority stated.
Police acknowledged the authority's findings, and that they had a general duty of care to all people in custody.
Auckland City District Commander Superintendent Sunny Patel said the two officers involved were charged with common assault following a police investigation, but the charges were dismissed during a judge-only trial in the Auckland District Court in late 2024.
"We've since commenced an employment process with those staff members, which remains ongoing," he said.
Patel said police managed a large number of people in custody without incident every year, and learned from every interaction.
The IPCA report stated Mr X had initially been sitting quietly in a holding cell but became upset when told he would be held overnight, instead of appearing in court that afternoon as he had expected.
Mr X was verbally abusive and spat several times at the walls and floor, but was otherwise compliant when taken to his cell for the night.
He refused to enter at first, saying it was drenched. Another officer removed the mattress from the cell.
The officers told the IPCA they had tried to place Mr X on the floor, concerned he was "arcing up again" with a demeanour that suggested he was about to become "assaultive".
The authority found Mr X, whose arms were restrained, fell head-first as the officers lifted his legs, landing heavily on his head on a concrete bench.
The officers did not observe any injuries.
The IPCA found the officer in charge should have sought advice from a health professional, and that the decision to remove the mattress from Mr X's cell was wrong.
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