Key Takeaways:
- Constable Jacob Collins was convicted and ordered to pay $1000 in emotional harm reparation to the victim.
- Collins was found to have used excessive force and made an unlawful demand for the victim’s car keys.
- The incident occurred on January 10, last year, when Collins was driving an unmarked patrol car and pulled over a motorist for an expired license and other vehicle issues.
- Collins used OC spray on the victim three times, causing him immense suffering and debilitation.
- The judge found that Collins’ use of OC spray was unjustified and that he had no basis for demanding the victim’s car keys.
Introduction to the Incident
The incident in question occurred on January 10, last year, when Constable Jacob Collins was driving an unmarked patrol car north between Te Awamutu and haupō. As he approached the end of a passing lane, he was overtaken by a motorist, causing him to brake and safely pull in behind him. Collins immediately activated his flashing lights, and the car pulled into a cemetery driveway about 500m away. This marked the beginning of a series of events that would ultimately lead to Collins’ conviction and order to pay $1000 in emotional harm reparation to the victim.
The Confrontation
Collins approached the car’s passenger window, and the victim wound it down so they could speak. Collins asked for the victim’s driver’s licence, which was given, and he began carrying out various checks before discovering the licence had expired four months earlier. The victim’s vehicle also had no current registration or warrant of fitness. Collins told the victim his licence had expired, that he was now forbidden to drive, and asked him to hand over his car keys. However, the victim did not understand the reason for handing his keys over and began to question the legitimacy of the demand. It would later be revealed that Collins’ demand for the keys was unlawful, which in turn made all of his subsequent actions in using force unlawful.
The Use of Excessive Force
Collins asked the victim "at least four times" for his keys before drawing a can of OC spray and aiming it at the victim’s face, telling him he would be sprayed if he didn’t comply or remain stopped. The victim removed his keys from the ignition and held his hands up in a surrender position while displaying the keys. When Collins went to grab them, the victim pulled his hand away, out of reach. Collins then sprayed him twice in the face, debilitating the victim and causing him irritation, difficulty breathing, a runny nose, pain, a burning sensation, and temporary blindness. As the victim got out of his car, he dropped his glasses. Collins then appeared at the front of the car and sprayed the man, who was already suffering "immensely", a third time.
The Aftermath
Collins then took hold of the victim and placed him over the bonnet of his car and put him in handcuffs, before putting him in his passenger seat. The victim was then told he had been arrested for disorderly behaviour. As Collins called for back-up from the communication centre, the victim could be heard in the background shouting in distress. Collins agreed to release the victim from his handcuffs after he asked to use some baby wipes to wipe his eyes. About half an hour later, the victim was told he had been forbidden to drive, with the condition not to drive for a further six hours so he could recover from the OC spray. He was also given a ticket for making an unsafe passing manoeuvre and not displaying a current warrant. Collins gave him a warning for disorderly behaviour before dropping him off at a bus stop in Te Awamutu.
The Investigation and Conviction
In an interview with his superior, Collins thought he could legally request the keys; he felt the victim "presented a risk to the travelling public", and the only tactical option available to him was using the spray. However, the judge noted that while Collins did not have any previous convictions, he had previously received a discharge without conviction for an unrelated assault charge. Judge Cocurullo said, as he understood it, OC spray was used by police to bring an aggressive or non-compliant person under control. "Here, there seems to have been no defensive position for you to take in the application of the spray. This man had not abused and/or threatened you. He had not, from the restricted position in the driver’s seat of the car, attempted to hit you. He had complied with some of your requests to stop the car and remove keys. It could only be said his non-compliance was that he refused your request to give keys over when you had no basis to do that in any event." Collins was ultimately convicted and ordered to pay $1000 in emotional harm reparation to the victim.
Conclusion
The incident highlights the importance of police officers understanding and respecting the limits of their authority and the rights of citizens. Collins’ actions, including his demand for the victim’s car keys and his use of OC spray, were found to be unlawful and excessive. The case serves as a reminder of the need for police to prioritize de-escalation techniques and to use force only when necessary and proportionate to the situation. As the judge noted, Collins’ use of OC spray was unjustified, and he had no basis for demanding the victim’s car keys. The conviction and order to pay reparation to the victim are a step towards holding police officers accountable for their actions and ensuring that the rights of citizens are protected.