Three police officers charged with manslaughter after alleged gross negligence led to man's death in cell

Three Taranaki police officers have been charged with manslaughter.

The officers, all of whom have interim name suppression, have been charged in relation to the death of a 55-year-old man who died while in custody at the Hāwera Police Station in the early hours of June 1, 2019.

It has been alleged the officers were grossly negligent in their duty of care to the victim and that this negligence was a causal factor in his death.

The man, whose name remains suppressed at the request of the coroner, had been taken into police custody hours before his death.

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Police officers were called to a family harm incident at a Hāwera address about 11.30pm on May 31, 2019.

The man was intoxicated and arrested for assault before being taken to the Princes St police station.

During a routine check the man was found unresponsive and police staff performed CPR until ambulance staff arrived.

A volunteer fire crew was called to assist at the police station about 2.30am.

Paramedics continued CPR for more than 30 minutes before the man was pronounced dead.

Following the year-long investigation, three Taranaki police officers appeared in New Plymouth District Court on Wednesday.

According to court documents, the officers charged caused the death of the man "by an omission without lawful excuse to perform the legal duty as a police officer in actual charge of [the man], a vulnerable adult, to provide [the man], with necessaries, namely medical care, and thereby committed manslaughter."

The charge carries a maximum penalty of life imprisonment.

All three officers have been stood down from their duties and an employment process will follow in due course, police have advised.

They were remanded on bail to appear in New Plymouth High Court on June 26.

Independent Police Conduct Authority's Stu Graham said the body had completed its investigation and were finalising the report which would follow.

The case remains before the coroner.

Police Minister Stuart Nash said any incident involving a loss of life in police custody was taken very seriously and the charges reflected the gravity of the circumstances.

The decision to file charges was made following a police investigation and independent external legal advice from the New Plymouth Crown Solicitor and a Queens Counsel.

“It is also important to acknowledge the professional work by a police investigation team to get to this point. This has been a challenging case to work on and today’s court appearance is the result of detailed work behind the scenes.”

“This will be a difficult time for the victim’s family and the wider police organisation. I extend my sympathies to the man’s family,” he said in a statement.

As the matter was now before the courts, it would be inappropriate for him to comment further, he said.

The Police watchdog confirmed to Stuff it undertook its own independent investigation into the death.

Independent Police Conduct Authority general manager Warren Young said the authority’s investigation was “largely complete” but because the matter was before the courts, it would not be released and the IPCA would not be making any comment.

The New Zealand Police Association is supporting the three officers facing manslaughter charges.

Association president Chris Cahill said the officers were members of the association and as such they were entitled to legal and welfare support.

While the association would not make any detailed comments about the case, Cahill said it was important to note there was no suggestion the death was the result of any physical or violent confrontation between the officers and the deceased.

"Any death of a person in police custody is a tragic situation for the family of the deceased and in this case, for the officers involved and their families. It is now a matter for the court, and we will leave the court to do its work.

"Any speculation prior to the full facts of this situation being disclosed in court would do a disservice to the deceased and his family, and the police officers involved."

Meanwhile, Police Conduct Association founder Shannon Parker said it was great to see police had put the matter before the courts, allowing an open and transparent process to follow.

"This will give the public and family confidence police are taking the matter seriously and are not trying to put their reputation first. I would like to see more matters involving police employees put before the courts where a judge or jury can make the final decision."

ACT Leader David Seymour said given the current events overseas, it was good to see that police upheld people’s basic rights – even if it meant going after their own, he said.

Given the matter was before the courts, it would be inappropriate to comment further, he said.