Police have been cleared for using a dog during the arrest of a high-risk offender on the run in Auckland last May.
Photo: RNZ / Cole Eastham-Farrelly
The Independent Police Conduct Authority (IPCA) says on 28 May 2020, police located a car known to be driven by a high risk offender.
The man had a warrant out for his arrest for assaulting his ex-partner and threatening her with a firearm. Police also suspected the man of firing shots at her boyfriend's car.
Police were watching the man as he went into a Repco store on Great South Road, Ōtāhuhu, at about 9am.
What police say happened
The Armed Offender Squad (AOS), including a dog handler, travelled to the area in a large unmarked white van.
The IPCA said police believed the man had a shotgun and pistol with him.
One of the officers told the IPCA he knew the man's extensive police history which included a history of violent assaults against members of the public and women, and fleeing from police at high speed.
Police parked their van in a carpark adjacent to the man's car and planned to block the man's car in, preventing him from reversing out.
When the man left the shop, officers said he got into his car and turned it on.
Police moved their van infront of his.
An officer said he approached the window of the car, butting his rifle against the glass and then pointing it at the man. The officer yelled at him to put his hands up and not reach for anything.
Another officer set off a stun grenade moments later.
The first officer told the IPCA the man failed to comply with repeat instructions and leaned towards the passenger seat, moving his hands around the loose clothing on his torso.
The officer who set off the stun grenade told the IPCA he then approached the passenger door, opening it and pointing his rifle at the man.
The officer on the driver's side of the car said he opened the door and grabbed the man's clothing around his shoulder while pointing his gun at the man and trying to get him out of the car.
He told the IPCA this had "no effect whatsoever".
The dog handler said he was unsure if the man was armed, he moved to the driver's side of the car and instructed his dog to bite the man.
He said the dog bit down on the man's lower calf and he pulled the lead back but it didn't get the man out from the car. Instead, while the dog was biting down the two officers held the man by the shoulders and pulled him out.
The officers told the IPCA the man was handcuffed after five to fifteen seconds while the dog was latched on, because the man continued to struggle.
When the car was searched, no gun was found on the man - he had two boxes of tools in plastic wrap down his pants.
IPCA ruling
The IPCA examined the incident after a complaint was made by the offender.
He maintains he complied with the instructions of the officers, did not move towards the passenger seat or resist handcuffs. He said the dog was set on him after he was lying face-down with his hands handcuffed behind his back.
The IPCA said they believed the account provided by the officers over that of the man.
They said this is consistent with accounts from two independent witnesses and video footage.
"We believe the officers' accounts are more reliable than Mr X's. We accept Mr X was not complying with instructions from officers and was resisting arrest, and we accept the dog latched onto Mr X while he was still in his car, before he was handcuffed."
The IPCA believed the man's use of the drug Gamma butyrolactone (GBL) that morning may have been a factor in the version of events he provided.
The use of the police dog was found to be justified by the IPCA.
"We accept that the use of the dog was a reasonable tactic to use. Mr X was resisting arrest. Given his recent history and actions at the time, it was reasonable for Officer B to believe he may be reaching for a weapon to use against officers."
