Policeman’s conduct ‘truly outrageous’
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Policeman’s conduct ‘truly outrageous’
– Saturday, 01 November 2008
A judge has slammed the "truly outrageous" conduct of a Christchurch police officer who elbowed a man three times in the face while he was handcuffed in a patrol car.
Judge Colin Doherty said Constable Nathan Connolly committed a "gratuitous assault" and awarded $5000 to victim Steven Fredericks.
Fredericks, 23, of Taylorville, and friend Ronnie McGee were driving out of Revingtons Hotel, in Greymouth, on September 8, 2005, when the incident occurred.30pm, they were stopped by a police patrol, which included Connolly.
Leaving the carpark about 10.
Although the judge found McGee was "obstreperous" during the incident, he concluded Fredericks was a "reticent and relatively subdued personality". McGee took a breath test, which he failed.
Earlier this month, the Greymouth District Court heard that Connolly tried to get Fredericks out of the car and a scuffle developed which ended with him being handcuffed on the ground and then put in the police car. .
As Connolly put the seatbelt on Fredericks, the officer elbowed him in the face, the judge found. His conduct carried with it a sense of retribution; of reinforced arrogance.
"Constable Connolly was in my view frustrated and wanted to teach the plaintiff a lesson as a result of his earlier resistance.
Connolly denied he hit Fredericks and a fellow officer said he had not seen anything "untoward"."
The judge said "right-minded people" would find these actions "abhorrent".
The judge said the case came down to one man's word against the other's, but that Fredericks' evidence had "the ring of truth about it".
The judge said the case came down to one man's word against the other's, but that Fredericks' evidence had "the ring of truth about it".
Fredericks' co-counsel Jonathan McCarthy said the judgment gave him the "greatest confidence in our justice system"."
A doctor said the injuries to Fredericks' face were consistent with being hit in the eye socket and nose. was told yesterday that he was taking "extended leave".
Since the incident, Connolly has moved to Christchurch. The officer was being dealt with under a human resources employment process.
Police spokesperson Jon Neilson said the case was still "in the court process in terms of a right of appeal".