By Al Williams, Open Justice reporter of 
Photo: RNZ / Richard Tindiller
Police decided not to charge an officer who stomped on a man during an arrest, saying that despite having enough evidence to prosecute, it wasn't in the public interest to do so.
The alleged assault happened during a family harm callout at a home in Ōtara, South Auckland in 2023.
According to a summary from the Independent Police Conduct Authority (IPCA), two police officers were trying to handcuff the man but he resisted by keeping his arms at his sides.
He was then tackled to the ground and punched by one of the officers.
When the man tried to get to his feet, the same officer used his knee to strike the man in the head, before later stomping on his torso.
"CCTV footage captured footage of the man's arrest and the force used against him," the IPCA said.
The man's pregnant partner, who was watching on and threw pot plants at the officer to try to stop the assault, was also arrested.
She claimed she was "man-handled" while handcuffed, causing her to fall belly-first down concrete steps, and that she was struck on the back of her neck.
A complaint that police used excessive force when arresting the couple was later laid.
The officer resigned during the investigation, which eventually found allegations excessive force was used on the woman were unsubstantiated.
However, there was evidence regarding the alleged assault on her partner.
"There was sufficient evidence to charge the officer with assaulting the man. However, police determined it would not be in the public interest to prosecute the officer."
Police asked to explain 'public interest'
The IPCA, which oversaw a police investigation into the incident, said in its summary it agreed with the police findings and "overall accepts the outcome reached".
Counties Manukau district commander Superintendent Shanan Gray said police assess each report pursuant to the Solicitor General's prosecution guidelines, which include a public interest test, among other criteria.
"When there is sufficient evidence to prosecute, police will not hesitate to do so. However, only after determining that that is the most appropriate outcome for a specific situation."
When NZME asked police what factors went into deciding what cases were in "the public interest" when it came to prosecuting an officer, police said there was no further comment and the factors were "available online".
The callout on 7 November
The two officers were called to the family harm incident on 7 November 2023.
When they got there, they spoke to the couple before escorting the man outside the building and arresting him.
The man initially complied with the officers' instructions while calling out to his partner, who was on the second-floor balcony of the building and watching events unfold.
His partner tried to verbally interject as he was punched and kneed before throwing a clay plant pot, which hit the officer on the back.
Both officers then tried to drag the man away from the building. He tried to hold on to a fence and was pulled away.
Once pulled free, the officer who had punched and kneed the man then stomped on his torso.
The man's partner then threw a plastic plant pot, which missed both police officers.
After being handcuffed, the man was escorted to a nearby police car.
As additional officers arrived, the officer who had used excessive force against the man re-entered the building and arrested the woman.
She alleged the officer "man-handled" her, causing her to fall, handcuffed and belly-first, down concrete stairs.
She said he also struck her on the back of the neck when escorting her to a police car.
The couple were separately charged with assault. A resisting arrest charge against the man was later withdrawn.
Police say no evidence in woman's account of events
The IPCA accepted the police finding that there was evidence that the officer man-handled the woman, caused her to fall, or struck her on the back of the neck.
In reviewing the matter, the Crown offered no evidence in respect of the woman's charge of assault with a weapon, which the IPCA said was subsequently dismissed by the court.
Despite the officer's resignation, police concluded his employment process followed Public Service Commission guidelines.
Gray said police acknowledged the authority's summary.
"Police acknowledge the IPCA's summary report following a complaint that an officer used excessive force when arresting a man and his pregnant partner.
"We note the authority is satisfied with the outcome of the investigation."
- This story originally appeared in the New Zealand Herald.
