7 Apr 2011

Officer accused of assault says evidence wrong

5:27 pm on 7 April 2011

A police officer charged with assaulting prisoners says evidence against him is wrong.

Sergeant Martin James Folan faces six assault charges at Auckland District Court, arising from five complainants.

The Crown says there is evidence from other police officers that Mr Folan was agitated by an arrested teenager.

Mr Folan told the court on Thursday that is the perception of those officers and not what he recalls.

Crown lawyer Mark Zarifeh asked the sergeant if those who have given evidence are mistaken. Mr Folan replied that, in his opinion, they were and that he disagrees with their opinions.

Mr Folan told the court he can not recall telling another police officer at a function that he had "lost it" and choked an arrested man.

A seventh charge of injuring with intent to injure related to complainant Joseph McGee, who lost a testicle, has been dropped.

Mr McGee earlier told the court he could not remember being arrested or arriving at the police station, but noticed pain in his groin and later had surgery.

Mr Folan told the court on Thursday evidence that he was seen bringing his knee up toward Mr McGee is incorrect.

The accused also gave evidence in his defence about other complainants.

He told the court about a night where he was tending to another arrested man whom he says was in a cell and very agitated.

Mr Folan says Samuel Verdonk came at him and he raised his leg to push him away. He said his foot connected with Mr Verdonk's midriff and the man fell to the ground.

The officer says raising his leg was an instant reaction and he used reasonable force.