Officer's force excessive - cyclist

A Nelson cyclist without a helmet who was pepper-sprayed and then rammed into a bank by a police officer in a patrol car has told a court the officer was aggressive towards him.

Senior Constable Garry Dunn, 45, of Nelson, faces two counts of assault following the February 10 incident.

Nelson Bays area commander Inspector Brian McGurk told The Nelson Mail today that Dunn has been stood down from duty on full pay.

During the first day of a depositions hearing at the Nelson District Court yesterday chef Shaun Robert Ian Taylor said he was biking home along Rocks Rd when Dunn wound down his patrol car window and asked him to get off his bike, as he did not have a helmet on.

Mr Taylor said he got off his bike, crossed the road and started walking towards Tahunanui on the footpath. After a short distance he got on his bike again as he was worried he would be late for work.

He caught up with Dunn, who told him again to stop and get off his bike.

Mr Taylor said he kept biking, but crossed the road and encountered Dunn, who got out of his car and they started to argue.

"He was trying to say I was failing to stop and I was under arrest, and I argued with him and said I had to be at work."

Mr Taylor said he knew he was in the wrong, as he didn't have a helmet, but he wanted to get to work.

Mr Taylor said Dunn asked him if he had ever been pepper sprayed, which surprised him as he didn't think the situation was dangerous. Dunn then sprayed him.

"It went from just talking about it, debating, to all of a sudden ... it went from that to `bang'."

After running up a driveway, Mr Taylor then ran back to his bike, and after initially riding towards Nelson crossed the road and cycled back towards Tahunanui, he said.

Mr Taylor said Dunn was in his police car across the road from the Abel Tasman memorial car park, and on seeing him approach on his bicycle did a U-turn, mounted the footpath and pushed him into a bank with his car.

Mr Taylor said his $300 bike was wedged between the police car and the bank and was written off.

He "flew over the bonnet", ending up beside the driver's door, he said.

Mr Taylor told the court he believed Dunn had used "excessive force for someone not wearing a helmet".

Under cross examination by Dunn's lawyer Garry Barkle, Mr Taylor admitted he may have refused to tell Dunn his name when asked.

He also admitted Dunn might have told him he was arresting him for failing to stop, and said he was resisting his attempts to arrest him.

Mr Taylor said he was agitated as he didn't want to be late for work.

A police safety and tactical trainer based in Auckland, Constable Gregory Knight, told the court police could use pepper spray at incidents where offenders were actively resisting police.

Active resistance was a situation that had moved beyond simple verbal defiance, he said.

It included "non-assaultive physical actions" such as pulling away, pushing away or running away in an attempt to prevent control by police.

Police could also use pepper spray when arresting or trying to arrest someone.

Mr Knight said for pepper spray use to be considered lawful it had to be used in a situation where its use was "reasonable, proportionate and necessary".

The depositions hearing before justices of the peace Donald Horn and Mary Harley was to continue today.

- © Fairfax NZ News