Watchdog finds several failures led to death of man in police custody

A number of failures led to the death of a man in police custody in August 2021, the Independent Police Conduct Authority has found.

On Tuesday morning, the IPCA released the findings of their investigation into the death of 21-year-old Jaye Taueli in 2021.

The IPCA concluded that officers in the Counties Manukau Custody Unit failed to recognise that Taueli was losing consciousness while in a restraint chair.

This meant there was delay in calling for an ambulance to provide medical assistance.

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According to IPCA chair, Judge Kenneth Johnston, Taueli’s death showed that “detainees are reliant on officers to provide them with care while they are in custody”.

“They are often in a high-risk, vulnerable position, and police staff are the only people available to assist them.

“In Mr Taueli’s case, none of the officers recognised that he was suffering a medical event and becoming unresponsive.

“Police need to ensure custody and frontline staff are adequately trained to recognise levels of consciousness,” Judge Johnston concluded.

Taueli was arrested for breaching bail conditions on August 30, 2021. At the time of his arrest, officers were told he had consumed methamphetamine.

Upon arrival at the custody unit in South Auckland, Taueli was assessed and placed in a cell where he began banging his head on the cell door, and attempted to self-harm.

Officers placed Tauli in a restraint chair to prevent him from self-harming.

While the IPCA found that the use of the chair was justified, it found that “less forceful and less intrusive options should have been used first”.

“A lack of organisation contributed to the six officers taking an unnecessarily long time to place him in the chair and using more force than might otherwise have been necessary,” the watchdog’s report said.

During the process of transferring Taueli to the chair, an officer “struck” him on the mouth to prevent him from biting another officer.

“While it would have been reasonable for the officer to push Mr Taueli’s face away using an open palm or push, punching Mr Taueli was excessive,” to the report said.

Once in the restraint chair, Taueli “forcefully thrashed his head back and forth over 160 times and vomited”.

A doctor was then called as the custody sergeant believed Taueli might need to be sedated to calm him down.

CCTV footage shows Taueli appearing to begin losing consciousness – but officers at the custody unit believed he was falling asleep.

The doctor then arrived 36 minutes after he began losing consciousness and upon arrival instructed an ambulance be called “urgently”.

Taueli’s death was determined to be caused by a pre-existing vascular lesion rupturing, leading to a bleed on his brain. His use of methamphetamine is believed to be a “significant contributor” to the rupture.

However, the IPCA found that the custody sergeant “failed in his duty of care as the officer in charge”.

“He did not appreciate the risks to Mr Taueli. Nor did he take an active role in ensuring officers were performing their roles adequately. His failures amounted to breaches of policy.”

The IPCA made recommendations to the police regarding further training and ensuring all custody sergeants are trained in the proper use of restraint chairs.

On Tuesday morning, the police said they acknowledged the IPCA’s findings.

“As a result of these findings, Counties Manukau Police conducted a comprehensive investigation of this incident and have implemented several changes to processes,” a spokesperson said.

Counties Manukau District Commander, Inspector Matt Srhoj, added that “police take thousands of people into custody every year, and they are more often than not, held without incident”.

“This was a tragic incident, and my deepest sympathies remain with Mr Taueli’s family.

“Police staff make every effort to ensure the safety of those in Police custody,” Srhoj said.