John Minto was charged with obstructing and resisting police during a protest in Lyttelton on Waitangi Day 2024. Photo: RNZ / Pretoria Gordon
Police unlawfully pepper-sprayed and arrested veteran activist John Minto at a pro-Palestinian protest in Christchurch in February 2024, the Independent Police Conduct Authority (IPCA) has found.
The 70-year-old was charged with obstructing and resisting police during a Palestine Solidarity Network Aotearoa protest in Lyttelton on Waitangi Day, though charges were later dropped.
A police investigation concluded their actions were lawful, but that the officer had failed in his duty "to provide aftercare" after pepper-spraying Minto.
But the IPCA has found both the pepper-spraying and the arrest itself were unlawful.
In a letter from IPCA chair Judge Kenneth Johnston KC, he stated the authority found "a number of inconsistencies" between the account of the officer and video footage of the incident, which "led us to doubt the genuineness" of the officer's version of why he had used the pepper-spray.
The IPCA did "not accept" the police version that Minto had moved from where he was standing, or that the officer could have perceived Minto presented a real threat.
Johnston said the IPCA considered whether there was sufficient evidence for police to charge the officer with assault, but could not rule out the officer pleading self defence.
Instead, it asked police to "consider an employment process" for the officer involved.
The IPCA report said Minto was arrested for obstructing the arrest of another protester behind the officer who pepper-sprayed him, half an hour after that arrest and by a different officer.
But Johnston said there was "no case for obstruction", and no grounds to suspect Minto had hindered the arrest of the other protester, "or indeed showed any intention of doing so".
"Our view is that you were standing lawfully on the footpath both prior and during the other protester's arrest. The evidence does not show you advancing past where you were originally standing after being pushed by the officer who pepper sprayed you, and that you were not paying any attention to the arrest."
Police were approached for comment, but said they had only just been made aware of the ruling and would need more time to respond.
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