Man in custody seemed 'spaced out', says accused policeman

A police officer admitted in court today that he thought an agitated and incoherent young man held in a cell at Whakatane police station over a stolen car may have been on methamphetamine.

Constable Peter Rudman was giving evidence at the trial of four fellow Bay of Plenty policemen charged with assaulting 20-year-old Rawiri Falwasser with batons and pepper spray on Labour Day 2006.

The highway patrol officer had stopped at Edgecumbe to help a colleague, Senior Constable Bruce Laing (one of the accused) who arrested Mr Falwasser in the small town late that holiday morning.

"My impression was that he was exceptionally on edge," said Constable Rudman.

"But in fairness, the behaviour could still have been some form of mental ailment."

The constable noticed Mr Falwasser seemed "spaced out" and could not keep still.

"I got the impression he could lash out. I felt pretty insecure."

He said that, during 28-years-service as a traffic officer and on general police duties, he had dealt with a lot of people in drug-induced states and others who were "fairly insane".

"You really have to respect that behaviour or else you could end up on your back."

The witness described how he and Senior Constable Laing - who had trained together and known each other a long time - agreed without speaking that "we were going to have to watch this guy."

"I felt that if he had gone off, as in lost the plot, as in fired off, I don't think we would have been able to contain him."

Nothing Mr Falwasser said made sense. The two officers kept talking to the distressed man quietly and, without touching him, tried to get him into the police vehicle.

Eventually Constable Laing drove Mr Falwasser the 16km to Whakatane police station. The witness followed in his patrol car and warned ahead by cell phone that there could be trouble on their arrival.

At the station, it took numerous attempts by the two officers and sectional supervisor Sergeant Keith Parsons (another of the officers on trial) to coax Mr Falwasser into the police station and then into a holding cell.

"We probably gave him a lot of tolerance," Constable Rudman said.

"Nothing he had done so far had actually caused violence but I felt he was certainly capable of it and certainly had the size for it. I thought we were going to lose skin.

"It was quite remarkable to me that he didn't actually tip over."

Constable Rudman said under cross-examination that he did not know there were surveillance cameras in the Whakatane police station.

This morning the jury paid a visit to the station. Back in Tauranga District Court earlier this afternoon Edgecumbe locals gave evidence of Mr Falwasser's behaviour after he abandoned a car in the town and tried to thumb a lift in one direction and then another.

Tania Boylan said repeatedly that the young man looked lost.

He went to her brother's house where his relatives used to live and then next door to Connie Monika's place.

"She made him a cup of tea and asked if he was all right, if he wanted a cuddle."

Mrs Monika said she recognised Mr Falwasser and had spoken to him before. On Labour Day his behaviour was completely different and she had no idea why.

He didn't seem to know his name or where he was.

Her daughter, Kuini Monika, told how Mr Falwasser - whom she knew - would shake or nod his head at her questions, sometimes shrugging and smiling. He looked scruffy and had no shoes on.

"He was acting strangely."

She thought he may have come from a party, that he was drunk or hung over, but could not smell alcohol.

The three women all said the two police officers had treated Mr Falwasser patiently and gently.

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