Source: Radio New Zealand
The man was found unresponsive in a cell on October 6, 2023. (File photo) RNZ / REECE BAKER
Police officers did not provide proper checks on a man in custody before he was found unresponsive in his cell and later died, the Independent Police Conduct Authority (IPCA), has found.
The man died in hospital three days after being found unresponsive in a cell at the Auckland Custody Unit on October 6, 2023.
The IPCA found there were failings by police in the care of the man who died after self-harming in his cell.
The man had been taken into police custody after a stabbing at an Auckland dairy the day before and had told police he was “trying to reach heaven”.
It was reported the man was acting aggressively and erratically and tripped, falling to the ground while attempting to escape.
He was taken to the Auckland Custody Unit and while he was escorted inside, one of the officers tripped him, the IPCA said, unnecessarily, causing him to fall to his knees.
The officers involved said the man was very strong and believed to be on drugs. Three officers held him against a wall, with one officer holding him by the hair and pulling him off balance.
The IPCA said while the man was behaving erratically footage showed he was not significantly resisting and it was unnecessary for him to be held by the hair and taken to the ground.
The police sergeant in charge believed the man was experiencing psychosis or “excited delirium” and posed a risk to staff so he was put in a restraint chair.
He was taken to hospital due to the possibility of excited delirium, where he was sedated and discharged the same day.
The hospital noted was presenting as well and didn’t appear to be at an increased risk to himself or others.
A police doctor said the man could be place on frequent monitoring in his call, requiring him to be checked five times an hour, rather than constant monitoring.
The IPCA said given the advice from the hospital, this decision could not be criticised.
Overnight, police recorded completing 80 checks on the man but more than half did not appear to be done in line with police policy as officers watched him on a CCTV screen rather than physically entering the cell.
Thirty checks of the man were recorded the next morning, but these included looking at CCTV, talking to him over the intercom and checking on the man from the officer’s work stations.
“In our view, these checks were inconsistent with policy as the officer did not go to the cell,” the IPCA said.
Shortly before 11am, an officer checked on the man and found him unresponsive. He was given first aid and taken to Auckland City Hospital where he died three days later as a result of suspected self-harm.
“From the footage, it is apparent to us that the man was listening for, and observing, staff movements looking for an opportunity to self-harm. While we cannot say that this tragic incident could have been prevented, proper checks would have reduced the opportunity for it to occur,” the IPCA said.
Auckland City District Commander, Superintendent Sunny Patel, said after the death an investigation began along with a review into the prisoner checking system.
Patel said several “learnings” had now been put into place including updating their people in police custody policy.
“We would also like to again extend our condolences to the man’s family and friends.”
The man’s death remained before the Coroner.
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– Published by EveningReport.nz and AsiaPacificReport.nz, see: MIL OSI in partnership with Radio New Zealand