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IPCA rules police officer’s use of force in Whitianga incident unjustified

The Independent Police Conduct Authority (IPCA) has found a police officer’s actions during a violent confrontation in Whitianga last year were unjustified and excessive.

The incident took place on 9 March 2023 when police officers responded to a family harm call at an apartment complex. One officer approached the scene on foot, while another arrived in a patrol car. Upon arrival, the officer in the vehicle encountered a man who began yelling and smashed the patrol car’s windscreen and driver’s side window with a skateboard, causing shattered glass to injure the officer.

The officer initially began to drive away but, concerned for the safety of his colleague, turned the vehicle around. He then rammed the man with the patrol car, causing him to be thrown into the air and land between the car and a fence. The officer exited the vehicle and punched the man in the head area seven times before the second officer arrived and handcuffed him. CCTV footage captured the entire incident.

The man was charged with intentional damage and intentionally injuring the officer. He was convicted on both charges on 12 June 2023.

Following an internal police investigation, the officer was charged with common assault and assault with intent to injure. He stood trial in May 2024 and was acquitted by a judge and jury.

Despite the acquittal, the IPCA found the officer’s actions to be a disproportionate and unjustified use of force. The Authority stated that while the officer may have been acting to protect himself and his colleague, using the patrol car to ram the man carried a significant risk of fatal injury. Furthermore, the IPCA concluded that the man no longer posed a threat when he was punched, making that force unjustified as well.

Police have acknowledged the IPCA’s findings. Relieving Waikato District Commander Superintendent Scott Gemmell said the situation was “confronting and unpredictable,” but noted that legal advice had determined the force used was excessive, leading to the charges against the officer.

An employment investigation into the officer’s conduct is still underway. Police confirmed the officer remains in service, but declined to comment further due to privacy reasons.

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12 COMMENTS

  1. I keep well away from this lot. If I see them on the street, I cross the road. Last people I’d want to call, if I had a problem. More likely to try and talk my way out of a situation.

  2. Acquitted! Unbelieveable! And then NO censure for fracturing the wrist of a grandmother in her 60s at Auckland airport and shoving her to the ground, along with her cameraman. No violence by the two who were hurt. Just by the police. They used to be ones the public could rely on, mostly, to keep the peace. So tragic what the police are now being molded into So harmful for the good men and women who are still there trying to do the right thing.
    I heard recently that they are being trained to be brutal and many are leaving because of that. This is a travesty.

  3. It is long past time to dumb the special police court and send these police who are acting criminally through the normal court system.

  4. I actually fill sorry for them, they have been indoctrinated from their Freemason leader, so, any brutality they inflict on to anyone is never their fault because of their psychopathic mentality and their right brain is just not functioning.

  5. Ramming someone with a car… That sounds familiar. So what would have happened if they had killed the guy? Still be acquitted? Probably.

  6. This is another example of the Police culture trying to drive seasoned officers out of the force. They are replacing any officers who can think for themselves with dumbed down drones. This officer was attacked and defended himself, and was found not guilty in a criminal trial, yet his fellow officers have rail-roaded him in their own enquiry.
    Not so long ago the Police would cover each other’s arse no matter what the situation, now it is the complete opposite, making police fearful to do their job.
    I totally get that examples like the bullies in Wellington have destroyed the image of the Police, but that is an example of the thugs they are pushing through now to replace seasoned cops that joined the force to help their community. This is not an example of Police thuggery against a peaceful protestor. It is clearly a cop being assaulted and the Police have jumped on it in their campaign to eradicate seasoned and experienced officers from the force.

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