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David White / Stuff
Police Officer Sean Doak was convicted and released after the incident.
A police officer who used a Taser three times near a woman and sprayed her with pepper spray was not justified in his actions, the Independent Police Conduct Authority (IPCA) found.
Officer Sean Doak was convicted after the incident, which took place shortly before midnight on September 16, 2017. He appealed the conviction and was overturned by the Superior Court in July 2020.
Doak and some other officers chased a fleeing driver through Auckland, according to the IPCA report.
The chase ended in the SkyCity parking lot when the male driver ran from the scene while the passenger remained in the car.
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Doak approached the car and pointed his taser at the woman before peppering her, the IPCA said.
Then another officer dragged her by the leg across the parking lot floor where she was pinned down by two officers.
Doak used his Taser to intimidate the woman as she lay immobilized on the ground. He held it close to his head and asked for the identity of the driver.
He used his Taser for the third time arching it while the handcuffed woman sat in the back of a police cruiser.
The authority’s president, Judge Colin Doherty, said Doak’s actions were “inappropriate, oppressive and threatening” for women.
“He did not act in the way that would be reasonably expected of a police officer,” Doherty said.
The authority also determined that it was unnecessary for the woman to be dragged through the parking lot.
Auckland City District Commander Superintendent Karyn Malthus acknowledged the IPCA findings and said Doak was subject to a criminal investigation into the incident.
Doak, was convicted of presenting a restricted weapon and was shocked without conviction on appeal.
In his sentencing, Judge Noel Sainsbury said the officer had shown “poor decision making” when he pointed and arched. [cocked] his Taser on the woman who had already been pepper sprayed and handcuffed during her arrest.
“I think the police have shown by our actions by accusing the officer that we do not accept the type of behavior that was displayed during this incident,” Malthus said.
“It was far below the standard that our community expects of us and completely out of line with our police values.
“This matter was brought to the attention of the police by another officer and I commend them for coming forward so that it can be fully investigated.”
Doak continues to work for the police on restricted duties and an employment investigation is ongoing.
“For this reason, we are not in a position to comment further,” Malthus said.