A Hawke's Bay police officer who used his leg to flip an inmate to the concrete floor of a jail cell as been found to have used excessive force by the Independent Police Conduct Authority.
However, the police watchdog said force up to that point, including using his fist to pin the man's head to the floor during an altercation, was appropriate.
The man was arrested for using offensive language in the reception area of Wairoa Police Station on January 21 last year. He was then taken into custody.
The man complained the officer had become aggressive and used excessive force when taking him through a hallway and into the cell.
However, the Authority today ruled the officer was justified in using his leg to take the man to the ground in the hallway after the man began thrashing around and yelling abuse.
The officer was also justified in using his fist to hold the man's head against the floor when he believed the man was about to spit at him.
The man accused the officer of turning his fist and droving his knuckles into his cheek to cause him pain, but the Authority said there wasn't enough evidence to back up the claims.
When they got to a cell, the man was still resisting so the officer used his leg to flip the man onto the concrete floor before he exited the cell. The man complained that this caused him to hit his head on the cell wall and floor.
The Authority found that this use of force was unnecessary and that it was likely that the man did hit his head since he was still handcuffed and unable to put his arms out to break his fall.
"The officer could have pushed the man into the cell without the need to flip him onto the concrete floor using his leg in the process, and should have done so," Authority Chairman Judge Colin Doherty said.
Tairawhiti Area Commander Inspector Sam Aberahama said any use of force was a last resort, however the offender presented a risk to the officer and others in the station.
"The officer involved took reasonable steps to quickly detain the man after he became aggressive.
"The challenge for police is when there is levels of resistance, the force applied should be reasonable and proportionate.
"It is important that we review incidents such as this and share anything learned with each other."
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