The Authority oversaw a Police investigation following a complaint that an officer used excessive force when arresting a man and his pregnant partner.
The incident began when the officer and their colleague attended a family harm event at a residential address. The officers spoke with 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 positioned on the second-floor balcony of the building. As the officers attempted to handcuff the man, he resisted slightly by keeping his arms at his side. As a result, he was tackled to the ground and punched once. The man went to get to his feet and the same officer used their knee to strike him in the head.
The man’s partner, who was watching events unfold from the balcony, tried to verbally interject 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, but he held onto a fence and had to be pulled away. Once pulled free, the officer who had previously punched and kneed the man stomped on the man’s torso. The man’s partner then threw a plastic plant pot which missed the officers.
After being handcuffed, the man was escorted to a nearby Police car. CCTV footage captured footage of the man’s arrest and the force used against him.
As additional officers arrived, the officer who had used force against the man re-entered the building and arrested the man’s partner. She alleged the officer “man-handled” her causing her to fall, handcuffed and belly first, down a few concrete stairs. The officer then allegedly struck her to the back of the neck when escorting her to a Police car. We found no evidence that the officer man-handled her, caused her fall or struck her.
The couple were separately charged with assault. A resisting arrest charge against the man was later withdrawn. In reviewing the matter, the Crown offered no evidence in respect of the woman’s charge of assault with a weapon, which was subsequently dismissed by the Court.
The officer resigned from Police during the investigation. Although the Police investigation later found the allegations of excessive force used against the woman were unsubstantiated, 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. Despite the resignation, Police concluded the employment process for the officer in accordance with Public Service Commission’s guidelines.
The Authority agrees with the findings made by Police and overall accepts the outcome reached.
IPCA: 24-23165