Force used during Rotorua arrest justified - IPCA

The incident in question involved a police dog handler last year. File photo.

The Independent Police Conduct Authority has found that police were justified in using a police dog to arrest a man between Rotorua and Taupō on April 24, 2021.

Police observed a car being driven in the Rotorua region that had been stolen the day before in Auckland.

At 3.35am, a dog handler found the car stopped about twenty kilometres south of Rotorua on State Highway 1, says the IPCA's report that was released today.

When the dog handler stopped behind the vehicle the male driver got out and walked towards him. The dog handler told the man he was under arrest.

The man then became assaultive and resisted arrest, which led to a violent struggle between him and the dog handler and Police dog, which lasted nearly five minutes before police assistance arrived.

The man suffered dog bite injuries which required surgery and police later advised the Authority of the incident.

The man and the dog handler gave conflicting accounts about how the struggle started and what happened, says the IPCA.

A female passenger in the stolen car was not involved in the incident and the Authority was not able to locate her for interview. Based on the evidence available however, the Authority found the officer's account more reliable.

The man was charged in relation to the stolen car as well as resisting arrest and assaulting the dog handler and his dog.

The Authority found that the use of the dog was lawful and reasonable in the circumstances.

"Because of the likelihood of injury caused by a biting dog, we consider the use of a Police dog to be a significant use of force, only justifiable in specific circumstances," says Authority Chair, Judge Colin Doherty.

"On its own, apprehending the driver of a stolen car will not often warrant such significant force. In this case, however, the dog handler was on his own, without immediate back-up facing an offender intent on both resisting and assaulting him; a situation where the use of the dog was justified."

Rotorua area commander Inspector Phil Taikato says police accept the findings of the IPCA report.

"After being told he was under arrest by the police dog handler, the man involved in this incident became assaultive and resisted arrest, leading to a prolonged struggle,” says Phil.

"The incident took place in a remote location, where back-up for the dog handler was some distance away.

"The use of a police dog to affect the arrest of the man was entirely appropriate and justified in the circumstances."

3 comments

He Started It

Posted on 20-09-2022 12:49 | By Yadick

He started it when he stole the car. Good on the dog and go bite him again. Deserved everything he got. Should be named and shamed as well. Who the hell does he think he is to unlawfully take someone else's hard earned property. What about the pain and inconvenience he caused them. At least the IPCA used their brains in this one.


Awww

Posted on 21-09-2022 06:51 | By mac attack

For once the IPCA allow the police to do their job and actually back them up.


Yesssss

Posted on 21-09-2022 07:40 | By Thats Nice

Great outcome. It's looking like a lot more dogs are needed in the force with the current crime going on everywhere.


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