New inquiry into death of man in police custody

Police have launched a high-level inquiry into the case of a man fatally hit by a street-sweeping truck while being chased by an off-duty police officer in 2004.

It is the second inquiry, sparked after new information came to light, apparently alleging the man was assaulted in custody before his death, the Weekend Herald reports.

Police have confirmed the case is being reviewed but won't comment on whether the new information includes the claim of assault in custody.

If this were established, it could result in a charge of manslaughter.

Fork-hoist driver George Tipene Harris, 24, died from injuries caused when the truck hit him early on October 3, 2004.

An inquest in 2005 heard conflicting evidence about what happened just before the accident, but nothing in evidence then available suggested Mr Harris had been assaulted.

The Independent Police Conduct Authority (formerly the Police Complaints Authority) made an inquiry in 2004, but its report has not been made public.

Detective Superintendent Malcolm Burgess yesterday confirmed a review of the case had been launched, but said it was at an early and sensitive stage and would make no further comment.

Mr Harris' family welcomed the new inquiry.

Their lawyer, Christopher Wilkinson-Smith, said they did not believe the earlier investigations or that the inquest had heard the full story.

They had delayed an unveiling of a memorial to Mr Harris because they considered the case was unresolved.

Mr Harris had a three-year-old son, Julius, with his partner of 10 years, Nii Enoka.

Coroner Sarn Herdson found "shortcomings" in the arrest and custody procedures.

She noted Mr Harris was affected by alcohol and cannabis, and the off-duty officer involved, Constable Clint Hill, was affected by alcohol.

The inquest heard Mr Hill had consumed up to eight beers that day and was on his way to another bar when he arrested Mr Harris in Manukau for trying to take his cellphone.

Mr Hill told the inquest he was walking Mr Harris to the Wiri police station when Mr Harris ran off. The officer gave chase and tackled Mr Harris.

Two police constables in a passing patrol car stopped and offered to take the pair to a police station.

One of the constables testified that during the journey, Mr Hill shouted and swore at Mr Harris, who was calm and not aggressive.

All three policemen admitted the incorrect procedure had been followed in placing Mr Harris on the driver's side in the back seat.

Suspects and prisoners were supposed to be placed on the passenger side because that door was automatically locked.

When the car stopped, Mr Harris opened the door and ran away, into the path of the oncoming street-sweeper.

The driver, Semisi Cocker, said Mr Harris ran in front of the truck with his hands raised.

"I thought he was trying to stop the truck. I tried to slam on the brakes but it was too late."

- NZPA