A week after that night, Bond lodged a police complaint against the officers involved in his arrest and treatment in custody. The IPCA was also notified at this time, but chose to let the police investigate.
Police told Newshub they met with Bond in February 2020 to discuss the possibility of replacing her cell phone, but Bond asked for “millions of dollars” in compensation instead.
“He was informed that this was unreasonable and would not happen,” said Waitematā District Commander’s Superintendent Naila Hassan.
“Despite the efforts of the police, we have not been able to reach an agreement on compensation and the police have not received any further compensation claims since this meeting took place.”
Bond did not hear more of his complaint until he received a letter outlining the police findings on August 24, 2020 – more than 15 months after the incident.
In the letter, he was told that his complaint about his treatment was upheld. He admitted that the police had illegally arrested and detained him, used excessive force and should have done his own risk assessment when he refused to take off his underwear.
Bond was told that detention unit protocols had been revised to “prevent a repeat” of what he had been through.
He was also told that four police officers had “received advice on setting expectations” regarding their role that night, and that four others had been the subject of employment inquiries on d ” possible violations of the police code of conduct.
However, police said that even if they had conducted their investigations, they would not be able to tell him what the outcome was. They said it was confidential between the employer and the employee – a comment they reiterated in a statement to Newshub.
Police never mentioned in the letter that a criminal investigation had been opened against any of the officers, and Bond says they worded it in such a way as to dilute the officers’ actions and present the incident under a more favorable day for the police.
He was also upset by the police findings which he said highlighted his trauma of being forced to strip undress and being strip searched while in police custody.
Unsatisfied with the response, Bond referred his complaint to the IPCA for investigation. They sent him an encouraging response on September 2, 2020.
“The Authority does not agree with some of their [the police’s] conclusions and we are currently completing our process for that, ”replied a spokesperson. “Once we have finalized our decision, we will send you a letter informing you of our outcome. “
But Bond waited and the police watchdog never finalized his decision. So after more than a year – on September 15, 2021 – he sent a follow-up letter to IPCA President Judge Colin Doherty, expressing his disappointment.
A week later, he finally received a response with their findings. In a letter, Justice Doherty said the IPCA disagreed with the “inadequate” police investigation on three key issues:
- the force used to stop it;
- damage their cell phone; and
- the warrantless search of two vehicles following his arrest.
“There is no authorization under the Crimes Act for the use of force except to execute a lawful arrest… We believe that, as the arrest was found to be illegal, any subsequent use of force by the police was not only illegal but also unjustified ”Judge Doherty wrote.
“You were illegally detained and therefore had the right to resist by walking away and struggling to free yourself from the police. It was unreasonable for the police to respond to this reasonable resistance with force.”
The IPCA also found that the police should have proactively offered compensation to Bond for his damaged cell phone and should have determined whether the police were “criminally responsible” for the force they used.
The IPCA raised these issues with the police, but the police told them they disagreed.
The deadlock is another source of frustration for Bond, as the IPCA does not have the power to demand that the police change their investigation or the results obtained.
“We have discussed our concerns in detail with the police,” said IPCA Executive Director Sarah Goodall.
“Firstly, to see if they could take the opportunity to directly address these concerns and rectify what we considered to be shortcomings, and also to discuss the existence of other appropriate remedies that could be extended to Mr. Bond, to address his concerns.
“In particular, we asked if the police should consider whether Mr. Bond might be entitled to compensation for some of the issues raised.
“We sought to come to an agreement with the police on the issues where we considered the investigation and findings to have failed, and how to resolve them. However, we were unable to reach an agreement. “
Superintendent Naila Hassan said Newshub Police accepted the IPCA’s recommendation to develop a policy and guidelines covering indemnifications and ex gratia payments for cases such as the one involving Bond, and that work on this point were already underway.
But she is adamant the employment investigation was “thorough” and the incident had been dealt with adequately with staff.
Police learned “a number of lessons” from the arrest, she said, but no criminal investigation was opened as the police ethics team did not consider it necessary.
Victim support was also never offered to Bond as he “was not considered a victim under the 2002 Victims’ Rights Act”.
Due to confidentiality rules surrounding the employment investigation, Bond has no idea whether the officers were appropriately punished for their actions that night – and he suspects they weren’t. .
“It’s very frustrating. English doesn’t really describe my feelings about it,” he said.
“If I had to do what they did I would be taken into custody; an investigation would have been opened; it would have been in the media the next day. I would have been charged and jailed for beating and picking up someone in one place and then strip them and rape them. “
With the IPCA coming back to him last week, Bond is now ready to take the next step in his search for justice and plans to press charges against the officers involved.
But he’s upset that he had to wait 29 months to be able to take the plunge, and says he expected the IPCA to be more urgent in its investigation.
“I feel like I’m the victim here but I’ve never been treated like one… I’m speaking out because I don’t think this is all good enough and I’m worried about the number of people at that things like this happen, “he said.
“Justice delayed is justice denied. I have been at the mercy of what the IPCA and police call due process, awaiting their findings to allow additional evidence for private prosecution… Their continued delays have held me back. lodge a complaint. “
IPCA Managing Director Sarah Goodall admitted the delay in finalizing Bond’s case had been “undesirable”. She says that while the process takes time, there were “gaps on our part” that contributed to her long wait for answers.
“We have apologized directly to Mr. Bond for this, both verbally and in writing. Our staff also tried to keep Mr. Bond informed – and spoke to him several times – as the case was progressing, ”Goodall said.
“The ability to get things done in a timely manner is always limited by the availability of resources, and although we aspire to move all issues forward within specified time frames, this is not always possible.”
Bond has now requested the records of his arrest and detention from the police, and has made an urgent request asking for the officers’ first names so he can name them on the private prosecution documents.
But he faces another delay, with police informing him that they need an extension. Bond has since written to Police Commissioner Andrew Coster asking why the police can’t just release the names now.
“I am aware that I have the option of making a complaint about this, which I have, but the police know as well as I do that any complaint will take months to be dealt with,” he wrote.
“Police know that delays in filing charges can negatively impact charges and police also know that there are statutes of limitations for some offenses. This delay deliberately provides me with names for the purpose of taking legal action against yours is nothing less than an obstruction of justice. “
For now, the wait continues – but the ordeal has made Bond more suspicious of the police than ever.
When he was pulled over during a traffic stop last year, for example, he immediately pulled out his phone so he could film the exchange. He told the sergeant about his last encounter with the police and explained that he felt like he had been sexually assaulted.
“Well, you are a handsome man,” replied the sergeant.
Police then apologized for the remark and the sergeant was urged to pay more attention to his “roadside jokes” in the future.
But for Bond, it further confirms that the police aren’t learning from their mistakes and taking their complaints seriously.