A remand prisoner waiting to appear in court was stomped on and slapped twice in the head by police custody officers, while another kneed the handcuffed prisoner in the torso.

Today, the police have acknowledged the Independent Police Conduct Authority’s findings that the force used against the alleged offender in the Counties Manukau Custody Unit was unjustified.

One of the officers was charged with common assault because force was used after the man was in handcuffs, behaviour described by the police as “completely unacceptable”. The officer pleaded guilty to the charge and completed diversion.

Counties Manukau district commander Superintendent Shanan Gray said the behaviour of one of the officers in particular fell short of the high expectations police set for themselves, and he was charged accordingly.

Police reported the matter to IPCA, which said the evidence showed the custody officers hit the prisoner in the face, kneed him several times and stomped on his legs after they had him subdued.

It was “especially telling” that there were six officers involved and that the officers’ unjustified use of force, when assessed by the criminal standard, constituted a series of unlawful assaults.

In October 2022, the man was waiting to appear before the court when he became aggressive and agitated. He was shouting and kicking the cell door.

One of the officers had dealt with the prisoner in the court-side custody unit two days earlier when he became upset after his lawyer advised him he would be remanded in custody. He began shouting and banging on the door.

The struggle began when one of the custody officers entered the cell after a decision was made by the sergeant in charge to transfer him back to the police custody unit.

CCTV footage showed when the officer entered the cell, the prisoner took up an aggressive stance and faced the officer with raised fists.

A CCTV camera is fitted in each cell to observe detainees and to ensure their safety. The incident was therefore recorded.

As the officer gripped the prisoner’s clothing, he retaliated by pushing the officer. The prisoner was then taken to the ground, and a second custody officer, followed by four more, helped in handcuffing the prisoner.

It was then that both the first and second custody officers stomped on his legs. The first custody officer also slapped the detainee twice in the head and the second custody officer used his knee to strike his torso multiple times.

The final slap and knee strike occurred after the detainee was handcuffed.

Despite the detainee lying face down on the concrete cell, motionless with multiple officers on top of him, both custody officers told the complaints authority the strikes were necessary because they were struggling to control him.

The authority found the custody officers’ explanations were contradicted by the evidence and the strikes were gratuitous, excessive, and therefore unjustified.

IPCA chairman Judge Kenneth Johnston KC said the use of force was unnecessary and may have injured the detainee who was face down on the concrete floor of the cell with multiple officers on top of him.

However, he accepted it was “reasonable and proportionate” for the first officer to have put the prisoner on the ground to restrain him, but the subsequent actions had “no material impact” on restraining him.

Judge Johnston said the police performed a criminal investigation into the incident and considered there was an unintentional breakdown in communication between all custody officers involved and that the actions of the first officer were justified.

However, the second officer was charged with common assault for the knee strike, which occurred after the handcuffs were applied.

The IPCA report says the police considered the knee strikes before the handcuffs were applied by the second officer were “poorly executed but reasonable”.

Superintendent Gray said custody unit staff worked in what was sometimes a challenging and volatile environment.

“The staff working in custody units must make quick decisions, dealing with people who are often aggressive and violent; however, we have a responsibility to ensure that those who come into our custody units are cared for professionally and that the behaviour of our staff aligns with our police values.”

“One of the custody officers’ behaviours fell short of the high expectations we set for ourselves, and he was charged accordingly,”

Neither of the two custody officers who were the main focus of the investigation was employed by the police any longer.

Tracy Neal is a Nelson-based Open Justice reporter at NZME. She was previously RNZ’s regional reporter in Nelson-Marlborough and has covered general news, including court and local government for the Nelson Mail.