A coroner has examined the circumstances surrounding the death of a 65-year-old man who suffered fatal spinal injuries during an arrest in Levin, highlighting differing conclusions reached by police and the Independent Police Conduct Authority (IPCA) over the level of force used.
Peter Boy Tuhi died in Wellington Hospital on December 22, 2021, a day after sustaining a cervical spine fracture and spinal cord injury during an incident in the Levin Cosmopolitan Club car park.
In findings released by the Coroners Court, Coroner H McKenzie reviewed the events leading to Tuhi's death and considered the conflicting assessments by police and the IPCA regarding the actions of the arresting officer, referred to as Officer A.
According to a report by Stuff, the court heard that Tuhi, a fencing contractor from Ōtaki, had earlier been asked to leave a nearby bar before returning to his vehicle, where he became involved in an altercation with a member of the public. A lone police officer arrived at the scene and attempted to arrest Tuhi for assault. After Tuhi resisted being handcuffed and pushed the officer in the chest, the officer attempted a single-leg takedown.
According to the IPCA report cited by the coroner, "He fell forward at such an angle, that at one point his left leg was straight behind him (held by Officer A), with his head and body horizontal, before his leg went up high above his head. He then fell forward hitting the asphalt, headfirst. The action resembled a rug by 'spear-tackle'."
The findings noted that because Tuhi's left hand was being held by the officer and his right arm was restrained by a member of the public who intervened, he was unable to use his hands to break his fall, as reported by Stuff.
A forensic pathologist determined that Tuhi died from complications arising from blunt trauma to the head and neck, including a cervical spine fracture. The report also found that underlying osteoarthritis and acute alcohol intoxication contributed to his death. Toxicology results showed a blood alcohol concentration of 223mg/100mL, significantly above the legal driving limit of 50mg/100mL, Stuff has reported.
During the investigation, Tuhi's daughter, Aroha McAsey, described her father as a gentle man who lived with industrial deafness. She said his hearing impairment was often mistaken for rudeness by others. Tuhi had previously played for the Wellington Deaf Rugby team and, in the years before his death, relied mainly on sign language and lip reading rather than wearing hearing aids.
A police internal review, led by Detective Inspector Sutherland, concluded there was no evidence that Officer A had used excessive force or acted improperly, determining that the officer's actions were reasonable and legally justified while attempting to overcome resistance, Stuff has reported.
However, the IPCA reached a different conclusion, finding that although the arrest itself was lawful, the level of force used was disproportionate and unreasonable. The authority concluded the officer employed a dangerous takedown technique against an elderly man who was heavily intoxicated and had reduced reaction times, as reported by Stuff.
Coroner McKenzie also issued a separate non-publication order protecting the identity of Officer A after police presented evidence that a relative of the deceased had allegedly made threats against police. The coroner further noted that police have since updated recruit training programmes to place greater emphasis on the risks associated with taking people to the ground during arrests, as reported by Stuff.