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Allegations
of Abuse in Institutions |
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A man who lost his left
testicle after police kicked him between the legs during an arrest has been
awarded $10,000 in damages. The decision, given by
Judge Josephine Bouchier in Auckland District Court, went against four South
Auckland policemen involved in arresting the man in August 2000. Constables Rupert
Friend, Aaron George, Michael Carter and Stephen Bass, who are all still in
the force, worked at the Papakura Police Station at the time. Judge Bouchier said it
was difficult to tell if the constables were lying when they said Paul Pure
had not been kicked between the legs during the arrest, or had simply turned
a blind eye to him lying on the ground outside his estranged wife's home. Medical evidence given
in court showed that when Mr Pure's left testicle was removed in September
that year, a clot found in it was said to have been caused by trauma
consistent with some sort of force or blow. Mr Pure had drunk vodka
with his wife, Grace, at his home that night. When she left for her own home
and did not return, he went to her house and became abusive and threatening.
She called police from the neighbour's house. Mr Pure was
pepper-sprayed in the kitchen of her home, brought to the floor and
handcuffed by the constables, then taken outside and put on the ground. It
was while outside that one of the officers kicked him between the legs. Mrs Pure said she heard
a plain clothes officer who had turned up say: "This is how you do
it." Mr Pure said the
officers failed to get him proper medical attention when he discovered his
left testicle had swollen to twice its usual size. Judge Bouchier awarded
Mr Pure $7500 for battery and $2500 for the affront to his person. The
Attorney-General was the fifth defendant, so the Government will pay the
money. Earlier this week, Mrs
Pure told the New Zealand Herald her husband was no angel but did not deserve
to be treated that way. "They (the police)
are like a gang. You call them for help but it's like calling a gang." Police Association
president Greg O'Connor said it was important to remember it was a civil
case, involving a different standard of proof than a criminal case. The four constables
have been through a police complaints investigation but the findings have not
been made public. |
