Northland Police response to the IPCA report into Shane Legg's injury.

Northland Police accept the findings of the Independent Police Conduct Authority's (IPCA) report regarding the serious injury to Shane Legg following his arrest in April last year.

About 9pm on April 24, 2012 Police signalled a car driven by Mr Legg to stop.
The car had been clocked at speeds of 136kp/h in an 80kph/ zone.

Mr Legg, who was a disqualified driver and had some methamphetamine in his blood, failed to stop. Police then followed his car to the end of a no-exit road where Mr Legg stopped, got out of his car and ran up a steep, wooded hill.

One police officer and a Police dog handler then tracked Mr Legg and found him at the top of the hill. The officer then arrested and handcuffed Mr Legg and brought him down the hill, which has been described as slippery and hazardous and covered in gorse and felled trees. They were followed by the Police dog handler.

On reaching a wire fence the officer felt that Mr Legg could climb over the fence without incident, given that he had already negotiated the difficult terrain. However, as Mr Legg climbed over the fence, while the officer was holding onto his shirt, he fell.

Two officers on the other side of the fence then picked him up and moved him, but then lay him flat on the ground after Mr Legg complained of a burning sensation in his back. Police then called an ambulance.

Northland Police District Commander Superintendent Russell Le Prou says Police accept the finding that the officer who escorted Mr Legg down the hill failed in his duty of care at the fence, but notes the IPCA finding that the officer did not intend to cause injury.

"As the IPCA report states, the arrest of Mr Legg was reasonable and in compliance with all relevant police policies. The Authority also considered it appropriate for Mr Legg to be handcuffed upon arrest for a number of reasons.

"Unfortunately an error of judgement by one of the officers, together with Mr Legg's own actions, has proved to have serious consequences."

"As the report points out, the circumstances of this arrest were very difficult and this officer had acted in good faith throughout the incident. It finds none of the officers acted recklessly or intended to cause harm. Indeed they managed to get Mr Legg to the bottom of the hill through some very rough terrain in the dark.

Mr Le Prou says that the IPCA found the actions of the two officers who picked up Mr Legg after he fell was undesirable.

"However, the report also states their actions were not unreasonable, given the information known to them at the time and did not amount to a breach of their legal duty of care.

"Once all the officers involved realised the possible nature of Mr Legg's injuries they took the right action in laying him flat, covering him with a blanket and calling an ambulance.

"Police take their duty of care very seriously. We arrest thousands of people every year and are often required to make split second decisions in some trying situations. Our staff go out there to protect the community, not to cause harm. It is always upsetting when this sort of incident happens to people under their care."

Mr Le Prou says Mr Legg has suffered some very serious injuries that have changed his life.

"I will be meeting with the family to apologise and discuss our findings with them."

Mr Le Prou says Police will also consider the IPCA's recommendations.

"The Mechanical Restraints chapter of the Police Manual will be reviewed and provision included requiring specific consideration of potential risks to the safety of handcuffed offenders due to their restricted mobility."

Mr Le Prou says Police will also consider whether any action under the police Code of Conduct is warranted in light of the IPCA recommendation.

ends

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