A Samoan grandfather with a serious medical condition is claiming excessive physical force and mistreatment by police 15 months ago has damaged him physically and mentally.
This week police told 1 NEWS they have launched an internal investigation over the incident involving Feleti Key as well as referring it to the Independent Police Conduct Authority (IPCA).
Mr Key has been diagnosed with very severe obstructive sleep apnoea since 2005 and struggles with tiredness during the day.
In an exclusive interview, he said he had been playing in a band at a formal Samoan function on March 8 last year then went with his fellow band members to a nearby nightclub.
He had two beers before tiredness hit and when he couldn’t get hold of his family to pick him up, he slept for two hours in his car before waking up gasping for air.
“I decided to drive home as I cannot sleep without the machine to open my airway,” he said.
Driving really slowly, but dangerously according to police, Mr Key was pulled over by a passing ambulance and the police were called.
He says he refused to be breathalised or blood tested for alcohol, instead requesting his lawyer.
Mr Key was put in handcuffs where according to police he kicked an officer – but Mr Key says he was struggling to get air and panicked.
“I was trying to explain to them that I can't breathe,” he said.
“They drag me and push me in car and when they got me in the car the last thing I remember when I say 'I cant breathe' with my face on the seat and I feel like someone sat on me to hold me down.”
The police summary of facts backs up Mr Key’s claim that he refused an evidential breath test and a blood sample.
However, the breath and blood alcohol procedure sheet says the complete opposite - that he did have a breath screening test where he was recorded as blowing over the limit. It also says he had an evidential breath test.
Police wouldn’t comment on the discrepancies.
Mr Key's lawyer Olinda Woodroffe says he didn’t want to have the tests without a lawyer as he is Samoan and wanted his rights explained to him in his own language.
The construction trainer was taken to the Auckland custody unit in Mt Eden and was left in a cell in pain with no oxygen machine and no access to a lawyer.
Around midday, Mr Key finally gave a saliva sample before he was released to his family barely able to walk.
Mr Key’s wife, Vasa, says she was shocked when she saw her husband hunched over and clearly in pain.
She said a Samoan policeman who walked out of the unit with him advised her to take him straight to A&E and to file a complaint against police.
Auckland Hospital found he had clinical rib fractures and on March 23 he had to go and see a doctor as his ribs were still tender and his shoulders painful.
“He suffered injuries on the side of his ribs, he continues to suffer pain to date and he suffers the psychological impact of what happened,” Ms Woodroffe said.
She’s filed to have the three charges against him dismissed; for drink driving, dangerous driving and assault of a police officer.
Auckland City District Commander Superintendent Karyn Malthus says the police has reviewed their records relating to Mr Key’s time in custody but there is no information to support the claims he is making.
However she says because of the seriousness of the allegations they have referred the matter to the IPCA and will also do their own internal investigation.
Mr Key says he’s speaking out as he doesn’t want this to happen to anyone else.
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