Woman ‘humiliated’ during arrest, judge comments

A 22-year-old teacher was “regrettably subject to extreme humiliation and embarrassment” when she became partially stripped during her arrest in a fracas outside a Woolston nightclub, a judge has commented as he discharged her without conviction.

The woman had been partly disrobed during the arrest and was handcuffed and left in a police van to find her own remedies, said Judge Robert Murfitt in his decision delivered in the Christchurch District Court.

The woman was shown in a video arriving at the Christchurch Police Station after her arrest with her dress back in place, even though her hands were still handcuffed behind her back.

Judge Murfitt said: “During her evidence, she demonstrated exactly how she herself had the lithe ability to buckle her legs sufficiently to enable her to manoeuvre her hands beneath her feet, and toward her front so as to be able to adjust the top of her dress herself. She then assisted (a second woman whose dress had also become dislodged during arrest), and reversed the gymnastic exercise so as to return her hands behind her back still in handcuffs.”

The woman had been charged with assaulting, obstructing, and resisting the police after the incident in the carpark after the Club 604 nightclub at the Woolston Tavern was cleared by the police about 1am on July 8, 2012.

Judge Murfitt acquitted her on the assault charge, but found the other two charges proved. However, he said that convictions could be a serious embarrassment in her career because they could lead to negative assessments of her and employment opportunities may be closed.

“The consequences for her of a conviction being entered are out of all proportion to the seriousness of the offences, and her part in the events of that night,” he said, discharging her without conviction.

The other woman arrested pleaded guilty to charges of obstructing and resisting the police during the course of the long-running trial after she had moved to Australia. That woman, aged 23, was also discharged without conviction in late June.

The hearing on all these relatively minor charges went on intermittently from January, occupying 12 days of sitting time. Judge Murfitt has given the police leave to apply for costs.

Chris Persson appeared as defence counsel for both women; Glenn Henderson appeared as police prosecutor.

Both women whose clothing become dislodged have made complaints of indecent assault by the police and those allegations are still being heard by the Independent Police Conduct Authority. Because they are effectively indecent assault complainants, they have name suppression. The names of the constables involved are also suppressed.

Evidence was given about a police line clearing people out of a carpark area near the nightclub, and the 22-year-old woman being arrested when she did not move fast enough, and then “flailing and kicking” as the was taken to the ground and arrested.

Mr Persson acknowledged that she had resisted, but said she was entitled to resist after being unlawfully arrested. He also said the closing of the licensed premises had been unlawful.

The judge ruled that the police had acted lawfully in closing the licensed premises.

Outside the tavern, a recycling bin had been tipped over and stones and bottles from the bin were being thrown at the police. The police were warning people to leave the area. By the time the police advanced to clear the carpark, the peace was being breached in quite a dramatic way, the judge said.

The woman was wearing a party dress held in place with fashion tape. When she was arrested, the dress slid down her body and her bra was visible.

The woman responded indignantly in evidence to the police claim that she had been flailing and “landing blows like a windmill”. She said she had learned boxing techniques and knew how to punch properly. She said she managed one “well delivered punch” to the arresting constable because he would not let her put her clothing back in place and protect her decency.

The judge said the woman and her friends dallied in the carpark to record – on a cellphone camera – what they considered to be an overreaction by the police. That video was shown at the trial.

He accepted that she resisted and lashed out because her clothing became dislodged when she was taken to the ground during the arrest. She was in shock, and screaming in protest, said Judge Murfitt. A witness said her underwear was visible “in an indecent fashion”.

“Her dress slipped below her breasts, and her bra slipped at least to ride low. She felt exposed and humiliated,” said the judge. “As she was led to the van, hunched over because her hands were cuffed behind her back and a constable held each of her arms, she continued to feel the humiliation of public exposure.”

He said that during her arrest, she was “most regrettably subject to extreme humiliation and embarrassment”.

Category: News