IPCA finds Nelson Police Dog handler’s actions were justified
A report released today by the Independent Police Conduct Authority has found that a Nelson Police dog handler was
justified in releasing his dog to apprehend Kyle McArtney as the officer reasonably suspected he was an offender.
As a result of this action, Mr McArtney, an innocent party, was subsequently bitten by the Police dog and received
significant injuries.
In releasing the report, Independent Police Conduct Authority Chair, Judge Sir David Carruthers said that this was a
regrettable incident and was a case of Mr McArtney being in the wrong place at the wrong time.
“The Authority acknowledges that this incident was traumatic for Mr McArtney, his friends and family and has caused him
on-going discomfort and inconvenience,” Sir David said.
Around 11pm on Sunday 17 November 2013 Police were called to a burglary at a Hathaway Court address. A Police dog
handler arrived at the scene and after establishing that the offender had fled the property the officer and his Police
dog tracked the offender to a nearby carpark. The officer heard a vehicle entering the carpark and noticed that the
vehicle’s headlights were off. He then saw a man, who he suspected was the offender, running from the area around the
vehicle. The man was in fact Mr McArtney.
The officer shouted for Mr McArtney to stop or otherwise he would release the Police dog. Mr McArtney, who was
approximately 40 metres away from the officer, continued to move away. The officer released his dog and then saw Mr
McArtney stop and put his hands up. By this time, though, it was too late and the Police dog was committed to its
target. Mr McArtney fell to the ground wrestling with the dog, ignoring the officer’s instructions to stop fighting with
the dog. Finally, after about 30 seconds, the officer was able to remove the dog from Mr McArtney’s leg. He then called
for assistance and for an ambulance.
As a result of the dog bite Mr McArtney sustained multiple wounds on his lower left leg and thigh which required 16
stitches.
“The Authority found that the officer’s belief that Mr McArtney was an offender attempting to escape arrest, although
incorrect, was reasonable in the circumstances,” Sir David said.
“Given this belief, releasing the dog to prevent Mr McArtney from escaping was the only tactical option available to the
officer in the circumstances.
“Although the Authority found the officer had control over his dog at all times during the incident the Authority
recognises the regrettable nature of the injuries sustained by Mr McArtney as a result,” Sir David said.
ends