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The use of a taser gun by a police officer as a way to intimidate and coerce a woman was “inappropriate, oppressive and threatening” after a chase that ended in the SkyCity casino parking lot, says the guard dog of the policeman.
Independent Authority for Police Conduct [IPCA] He found the use of the Taser three times near a woman and the use of pepper spray on her was “unjustified”.
The situation unfolded on September 16, 2017 when at 11:50 p.m., police pursuing a fleeing driver through Auckland City for 40 minutes caught up with him in the SkyCity Casino parking lot.
A driver fled the scene leaving his passenger in the white Subaru.
Officer Sean Mathew Doak approached the car to arrest the woman and pointed his Taser at her before spraying her with pepper spray.
Then another officer dragged the woman by the leg across the parking lot where she was pinned down by two more officers.
Then, Doak used his Taser a second time by holding it close to the victim’s head as she lay on the ground restrained to intimidate her into giving the identity of the fleeing driver.
Doak used his taser again for the third time arching it while the handcuffed woman sat in the back of a police patrol car.
Authority President Judge Colin Doherty said: “The officer’s actions were inappropriate, oppressive and threatening to the woman. He did not act in a manner that would be reasonably expected of a police officer.”
The IPCA also found that it was unnecessary for the woman to be dragged through the parking lot.
Doak was indicted for the incident and faced trial last August.
At trial, the young woman, Mary Jane Takerei, told the court that she begged police to stop hurting her while she lay handcuffed before Doak allegedly pressed a taser pistol between her eyes.
“What’s his fucking name or will I fuck you with Taser?”
Takerei said the threat was made by Doak after she was removed from the car.
Other officers testified that Takerei struck Agent Florence Roberts, Doak’s partner, in the face with a spray from a CRC canister.
A jury returned split verdicts and found the 26-year-old not guilty of assault with a weapon, but guilty of unlawfully presenting a restricted weapon.
Despite arguments from Doak’s attorney that he would likely lose his job, Judge Noel Sainsbury convicted the agent.
The decision of Judge Sainsbury, who said that New Zealanders “expect the best” from police officers, was appealed to the High Court and a hearing was held in June.
In July, Judge Simon Moore granted the appeal and overturned Doak’s conviction.
Takerei complained to the IPCA about the force used against her during her arrest and that officers refused to give her aftercare with pepper spray, refused to take her home if she did not answer questions, behaved unprofessionally and They used inappropriate language during the incident.
In a statement issued by the police today, they acknowledged the IPCA findings.
“The use of a Taser by one of the officers present was the subject of a criminal investigation into this incident and the officer was subsequently prosecuted.
“That court case has now concluded with the officer found guilty of presenting a restricted weapon and receiving a discharge without conviction on appeal.”
Auckland City District Commander Superintendent Karyn Malthus said police agreed with the findings that Doak’s actions were not justified.
“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.
“It was way 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.”
He said Doak continued to work for the police on restricted duties and that the employment investigation was ongoing.
“For this reason, we are not in a position to comment further.”