Paul Taylor
28 June 2021, 11:38 PM
An Invercargill police officer who put a drunken woman in a headlock and pulled her to the ground, after calling her a "silly bitch", won't be charged over the incident.
The Independent Police Conduct Authority has found the officer, identified as officer A in the report, used unjustified force in the arrest on 25 July last year.
He was reported by another officer, who believed the "red mist" had descended as he attempt to arrest the woman for disorderly behaviour.
But, following a criminal investigation, no charges will be laid against officer A. He is, however, subject to an ongoing employment investigation.
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The IPCA report states officer A, along with three other officers, had approached the woman and her friends who were drinking in a liquor-ban area, in a business forecourt off Dee Street.
They told the women to pour out their remaining alcohol, which sparked off a row between the officer A and the woman.
She said "you need to **** off and retire you old ****" and "die already", according to the other officers at the scene.
He called her a "fat slut" and said "shut up you silly bitch".
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The woman admitted to IPCA investigators she was rude to the officer, because he was being “a bit of a dickhead”, so she “ended up getting sh**ty”.
Officer A told investigators: "Sometimes you’ve got to speak to them [offenders] in a language they understand and if you’re really nice to them, they don’t understand it."
IPCA determined the officer spoke to the woman "inappropriately and unprofessionally", which escalated the situation.
Then, as the woman then went to kick some cans, she lost her balance and accidentally knocked his hat.
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Officer A alleged she swung her arm attempting to hit him and knocked off his hat, but CCTV footage does not support his account says the IPCA report.
He placed the woman in a headlock, her back against his chest, his right arm around the front of her neck, then pulled her backwards onto the ground.
It appears the woman kicked the officer as she struggled to get him to release her.
Officer A claimed later he was acting in self defence as the result of "two assaults", the hat knocking and the kick.
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Headlocks are not an approved or current tactic used by police, although the IPCA report confirms, contrary to policy, a version of the tactic was being taught by police in Invercargill until April this year
When asked why he used a headlock, officer A told investigators: "Most girls today, they wear very, very skimpy clothing so you can't really grab them anywhere and that was the only part you can really grab on a drunk female because if you grab their tops, they're so flimsy, [if] they swing around, nine times out of ten they rip off."
But, in this case, the woman was wearing "long pants and a long-sleeved fitted top that could not be described as ‘flimsy’."
The woman and other officers say she was "dumped to the ground".
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Another officer put her in handcuffs, attempting to deescalate the situation, but officer A then pulled her up roughly by the handcuffs, with her arms behind her back.
The woman says this nearly dislocated both her shoulders, although there is no medical evidence to support that. Photos of her wrists after the incident show significant bruising and a welt.
Another officer then took the woman into custody. She was later released with a warning.
The IPCA believes "the officer lost his temper and retaliated in anger to the woman's attitude and actions. He was not acting to defend himself, as claimed. Even if he had acted in self-defence, the force used would have been disproportionate and excessive."
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"The officer's frustration resulted in him using force which good policing would have avoided," says Authority Chair, Judge Colin Doherty.
NZ Police say the "acknowledge and accept the Independent Police Conduct Authority’s (IPCA) findings".
Southland Area Commander Inspector Mike Bowman says: "The use of force when police were dealing with a disorderly behaviour event, was not justified on this occasion.
"Using a headlock as a restraint method is not an approved or a current tactic, and the actions of the officer have not met the high standard we have of our staff."
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A criminal investigation into this matter has been completed and a decision was made not to file any charges against the officer, Bowman says.
This decision was made following the recommendation of a national advisory panel.
However, the officer involved is subject to an ongoing employment investigation.