A police dog handler’s patrol car. File photo / Stuff
By Stuff
A police officer’s use of his dog while arresting a woman wanted for a series of burglaries across the South Island was excessive, the Independent Police Conduct Authority (IPCA) has found.
The authority, in a decision released on Thursday, said police had believed the woman and a male co-offender could have been carrying firearms.
The dog handler found the pair in a stolen Mazda, being driven by the man, on February 13, 2021, and initiated a pursuit.
It was abandoned less than two minutes later, and police used road spikes to try to stop the pair.
The dog handler followed the Mazda into a cul-de-sac, and reported a short time later that the man had rammed him. The man then drove into a side street and the couple fled on foot.
The police dog led the handler and another officer to a hedge, indicating one of the wanted people was behind it.
The handler said he did not see who was behind the hedge before he sent the dog in. The hiding woman received a serious bite injury to her leg.
The IPCA said the pursuit was an inappropriate tactic in the circumstances and the police’s southern communications centre followed correct policy in telling the officer to abandon it.
Police initially charged the man for driving into the officer’s police car, but later found the damage was not consistent with the collision described by the dog handler, and the charges were withdrawn.
“We believe the dog handler deliberately drove into [the man’s] car, in breach of policy, and his subsequent statements were false,” the IPCA said.
There were conflicting accounts of what happened when the woman was bitten, but the IPCA found she had no real means of escape.
“It is unreasonable to set a dog on an unknown person, who is neither escaping nor using force to resist arrest, for no other reason than that they may have a firearm, when there is no good cause to suspect that they actually do,” IPCA chairperson Judge Colin Doherty said.
It meant the use of the dog was “unjustified and excessive”, he said.
Police did not provide first aid at the scene, but took the woman to a doctor, which was reasonable, the IPCA said.
It also found the investigating officer failed to adequately investigate the crash between the police car and fleeing car.
The IPCA has reviewed what happened on February 13, 2021, and the police’s subsequent handling of the matter. John Bisset / Stuff
He submitted a traffic crash report that was factually incorrect and supported charging the man with offences he did not commit, the IPCA said.
Relieving Canterbury district commander Superintendent Karyn Malthus said police acknowledged the IPCA’s findings, and noted the threat of firearms was something officers were expected to treat extremely seriously.
“Police accepts there were errors made during our investigation into the crash,” she said.
“There are learnings from this incident and the officer who carried out the investigation has had this addressed with them.”
“Since this incident occurred Canterbury police has implemented changes around how we investigate police crashes.”
The IPCA report said the Crown Solicitor’s Office reviewed police’s investigation into the officers’ conduct, with police concluding there was insufficient evidence to prosecute the staff involved.
An employment investigation was held for the officer who submitted the incorrect traffic report, which resulted in an “expectation setting meeting on performance”. Police took no action regarding the dog handler.
“While we had concerns about some aspects of the police investigations ... we are satisfied they sought legal advice and ultimately made an appropriate decision to withdraw the charges against [the man],” the IPCA said.