Man awarded $l500 after wrongful arrest

Press, 30 January 1984, Page 8

Man awarded $l500 after wrongful arrest

PA Whangarei An Auckland man has been awarded $l5OO in damages in a. civil action against the police for wrongful arrest and detention during last year’s Waitangi Day protest march. In a reserved decision in the District Court at Kaikohe, Judge Taylor, has found in favour of Gerrard Edmund Reid, an administrator, of New Lynn, in his action for damages which named the Attorney-General as defendant. Mr Reid had sought $lOOO general and $l5OO aggravated damages after his detention for an alleged breach of the peace. Judge Taylor awarded Mr Reid a total of $l5OO. . The commander of the Northland police district, Superintendent R. P. Silk, has recommended to Police National Headquarters that

the decision be appealed against. Mr Silk would not comment on the decision. There are nine other pending actions related to the Waitangi arrests last year. The cases of two Aucklanders which were to be heard with the Reid claim in the District Court at Kaikohe last month were adjourned sine die. An Aucklander lawyer, Mr Michael Corry, who represented the three, said he would suggest to the police that they settle with his two other clients. Nine other actions relating to the Waitangi arrests have been filed in the District Court at Auckland. No hearing dates have been set. In the Kaikohe judgment, Judge Taylor rejected a Crown contention that Mr Reid had been detained by the police lawfully. The

Crown submitted that the detention was lawful, as the police had considered the situation volatile and feared a breach of the peace imminent. Judge Taylor criticised police actions and ruled that police powers of arrest existed only for breaches of the peace where an offence had been or was in the process of being committed. “In this case I hold that the police attempted in the name of public order to impose ‘quietism’ on the plaintiff and others,” Judge Taylor said. “I hold therefore because of the methods used and the indignity suffered that there must be an element of punitive damages in the award I make “I award the sum of $l5OO damages to compensate the plaintiff and to condemn the defendant’s conduct,” he said.