Only 2 complaints against the police unresolved

Press, 14 July 1982, Page 22

Only 2 complaints against the police unresolved

The Police Department has issued the following press statement on disciplinary inquiries into complaints arising from the 1981 Springbok tour.

The 362 complaints against the police generated by the 1981 Springbok tour have been investigated and all' but two have been resolved' Both unresolved complaints allege improper police conduct. In one case the inquiry cannot be taken further because of a failure to provide the police with further information. In the other case alleged witnesses cannot be found. The Commissioner of Police. Mr R. J. Walton, said that unless further evidence came to hand, no further charges were contemplated against police officers, nor were any staff still under investigation. "In six cases sufficient evidence was found to warrant

charging particular members," said Mr Walton. "Two constables appeared on assault charges before District Courts. Two sergeants and two constables were dealt with by disciplinary tribunals on charges of excessive force or unnecessary violence. "Each of these six cases, heard by completely independent tribunals, was dismissed after full hearings of all the evidence of both defence and prosecution witnesses.

“Of the remaining complaints, 211 — almost 60 per cent — were found qn investigation to be unjustified." said Mr. Walton. "In 48 other cases, there was evidence to justify complaints ' but appropriate remedies lay in apologies and-or amendments to police instructions: for example, minorerrors of judgment or concern about police methods and attitudes. -In many cases lawful and proper police action in Stressful situations offended people who were sufficiently moved to complain. “Some who quite blatantly broke the law and engaged in riotous conduct saw fit to complain about lawful police efforts to contain them.

"In spite of intense and exhaustive inquiries. 65 complaints could not be taken further because of a lack of evidence or because of serious conflict in the evidence of complaints, witnesses, and those subject of complaints.

“In 30 other cases, complaints were justified but further action was impossible because of insufficient evidence of identification."

Mr Walton said it would be a mistake to assume that numbers on police coats would have resolved the identification issue. “The administration accepts that police in uniform should wear numbers and is in the process of issuing them- for coats. Seniorsergeants now come within the instructions and commissioned officers may soon be included." he said.

“Constables and sergeants who comprised the great bulk of those committed to cordon lines during Springbok tour ’ demonstrations, were required to wear numbers on shirts and tunics and did so. ' ' “But in stressful and sometimes violent melees, the accurate recording of numbers is most difficult. Precisely the same problemsexist when people under emotional pressure frequently write down wrong, motor-vehicle registration/ numbers." Mr Walton, said most complaints stemrifed from operations in Auckland (148) arid Wellington (119). Two complaints were lodged each in

Whangarei. Napier. New Plymouth. Nelson, and Invercargill. Hamilton recorded 29; Rotorua six;. Gisborne, eight; Palmerston North;' four; Christchurch. 37; and Dunedin, one.

From the earliest planning stages for the tour, police expected there would be many complaints. "Obviously our policies, tactics, and actions necessary to maintain law and order would be unacceptable to. those whose aims would put them on a collision course with the police." said Mr Walton.

"Policy guidelines were drawn up by the National Headquarters" planning team to ensure an efficient and consistent approach to receiving. documenting, and-in-vestigating complaints. "Complaints sections were set up in each venue district and at National Headquarters staffed by commissioned and non-commissioned officers not involved in local tour policing.

"All sections were ready to function before the South African rugby team arrived. Thirty-seven police Were committed nationally to investigating complaints. 19 full-time and 18 part-time. They ranged in rank from superintendent to sergeant and the headquarters element was co-ordinated by a chief superintendent. Each knew complaint files would need to be fully documented and able to satisfy the most meticulous study. ■

"While no national record was kept of time spent recording and investigating complaints, the effprt was enormous. Co-ordinated by a chief inspector, the Auckland section alone, comprised of 10 officers and senior N.C.O.s. devoted 9324 hours to investigating complaints. “The adequacy of police inquiries was recently vindicated, without any prompting from us. by a barrister and solicitor who defended one of two police officers before a tribunal in Auckland. “As a veteran of 1000 defended court cases, he was ■frankly surprised' at the diligence of the investigating police inspector. He said in his opinion the prosecution files reflected a far greater effort than would be the case in a prosecution against an ordinary member of the public.

"The hearing occupied five days and 29 witnesses gave evidence. More than 170 still photographs and a variety of other exhibits were produced. Videotapes were produced by the defence, depicting the events' from which the charges arose. .

“The tribunal dismissed the charges, not because of any shortcomings in inquiries but because the tribunal, on the balance of all the evidence, found the charges not proved.

"One charge arose out of a sergeant's use of force to remove a protester clinging to a - rail at ’ the Kowhai School in Auckland. After a constable had Hailed in the necessary task: of dislodging the protestor;’', the sergeant first cuffed, then punched the protester, finally making him let go,.-

“The . Tribunal (a senior barrister), concluded, ‘Whatever the sergeant did it would’appear, violent, possibly too violent to onlookers

... Whatever course he took, since it had to be violent, would .have caused some crowd. I'eaction. I find, however, - that violence was necessary though regrettable if the sergeant was.’td perform his duty'./-

“The facts, brought out during this and other hearings clearly illustrate the

continual dilemma in which police found themselves during riotous demonstrations." . Mr Walton said there was no organisation in New Zealand with better investigative skills than the police. Nor was there a group more reluctant to harbour lawbreakers within its ranks. . "Such a combination ensures the public's interests are best served by the present system of the Commissioner remaining responsible for service discipline." The integrity of.the system was safeguarded by prosecuting (where there is sufficient evidence) in the open court or through disciplinary tribunals.

In spite of every effort on the part of the administration to make the position clear, journalists persisted in referring to “police tribunals" without further amplification. which could be misinterpreted. “The Police Act certainly creates the tribunals and they are convened by the police. However, in other than purely domestic issues, such as when members of the public are involved or where there is considerable interest in the outcome, independence from the police is established by appointiing legal persons such as Queen's Counsel or senior barristers to preside. The cases are prosecuted by Crown prosecutors or independent solicitors and police members are defended by private counsel. “A tribunafl either finds the charges not proved or proved and report its findings to the Commissioner, who imposes penalties' ranging from dismissal to fines.

"The three phases — the documented police inquiry, the independent analysis of the evidence, and the" Commissioner's penalty' — make the police disciplinary process extremely effective and one which is probably unmatched for preserving the vital balance between serving the public and maintaining police morale. "The discipline responsibility is an onerous one." said Mr Walton. "Some in offices similar to mine might like to shed it. I do not. The police administration,'while being fully informed, is far enough removed from front-line duties to be able to make dispassionate decisions on disciplinary files.

“Thus there is much to be said for the present system. . If it were changed, I have serious doubts that the New Zealand public would continue to enjoy the quality of service they. have come to expect from their police.

"There is an added safeguard. Where people feel dissatisfied with the outcome of police inquiries into their complaints they may approach the Ombudsman. He provides the necessary independent assessment. He may review the inquiry - and the fully documented police file is available to him — he can direct further inquiries or he may make inquiries himself. People may. even complain to the Ombudsman in the first instance, and he can direct that the police investigate.

“Two days before the South African rugby team arrived in New Zealand. I called a press conference. At that conference I made an appeal for restraint and warned that the police would take whatever steps were necessary to uphold the law. “I said such a response could not be misconstrued by those offending, as it often is. as stemming from bias against them or their cause. I concluded my press statement with the comment.

‘New Zealand laws establish standards of conduct. If these are observed there will be no conflict. I therefore hope common’sense prevails. This is in the interests of our country and all who live here.' “After the first match at Gisborne, violence escalated. v as did the level of complaints about police action. "By the time the aircraft bearing the Springbok team departed New Zealand, hundreds of police officers suffered injuries and many needed hospital treatment. On the day of the third test alone, of one squad of 86. 67 were injured and 12 went to hospital. In another unit of 34. 25 were injured and nine required hospital treatment. "Many police injuries were classified as ‘serious.’ These included puncture wounds, ligament and muscle damage, broken bones, contusions and bruises, and one constable lost part of a finger after contact with a protester's shield. “Another suffered a serious eye injury and still another was so badly injured at the Gateway Lodge that he may never regain full health. “All this occurred in a climate where, propelled by stated protest aims bf going ‘to the edge of the law’, protest became unlawful, violent, often riotous. “Regardless of the moral and political implications of the tour, the visit of the South African rugby team was lawful. "The police role was impartial. They were required to ensure that the law-abid-ing were able to go about their business and leisure unmolested. They were also responsible for protecting the rights of others to demonstrate as long as they remained within the law. “But protest, regrettably, went well beyond the law. Force was used in attempts to break through police lines and to disrupt matches. The police, not of their own choosing, had to use sufficient force to overcome that which was brought to bear against them. “If police were required to deal with similar situations • in the future, they would have no choice but "to act in precisely the same way." Said Mr Walton. "New Zealand has a better police service because of the tour experiences.” said Mr Walton. "Our planning, ad ministration, tactics, and procedures were conceived "tested-and adjusted to meet, the greatest demands everimposed upon us. We achieved our aims, lost some friends, but gained many more. “We learned and learned well. We debriefed, modified some methods, and consoli- ■ dated others. "Perhaps one shortcoming not necessarily associated with the tour, has been some reluctance to hell -people about our disciplinary cases; Our philosophy has tended to ■ be that domestic/ .issues should be kept in the family. “That view, in retrospect’; is a little narrow and my staff and I. with the-service organisations, are studying the whole question of ;our approach to disciplinaries. . "Justice must be seen to ’ be done. Clear evidence of a belief in that principle is the recent release to the’ news media of information from tribunal judgments which, have been of public interest,"- . said Mr Walton. "New Zealand has a service which is highly professional and which serves the community well. The vital principle is that the quality of a discipline system reflects itself in the quality of a police service.”