Lawyer alleges client was beaten by Police officers
Lawyer Mark Pettingill has again raised questions about inadequate Police staffing after claiming that one of his clients was beaten by "stressed" officers in an unprovoked attack.
Mark Paiva, 32, has complained that he was leaving the Pickled Onion pub on Front Street last week when he made a comment to Police officers who were speaking to one of his friends.
Mr. Pettingill claimed that he was then wrestled to the ground, arrested, and beaten before being taken to Hamilton Police Station.
The married father, whose wife is expecting their second child, said he was beaten again at the Police Station and held in a cell overnight before being taken to court charged with using offensive words.
But Mr. Pettingill questioned why any force had been used on his client when it seems there was no need, and suggested Police officers could be suffering from stress and tension brought on by an apparent shortage of officers.
"He has been charged with using offensive words, which he denies, but he was not charged with resisting arrest or anything related to violence," said Mr. Pettingill.
"The position is that he had some verbal exchange with the Police and that he was basically physically put to the ground and restrained by four officers, and then between the incident occurring and getting to the Police station, he was repeatedly struck.
"There are independent witnesses, too."
Mr. Paiva, a head barman from Devonshire, said he had never been in trouble with the Police before and was not drunk on the night in question.
He claims to have suffered a black eye, bruising to his neck and body, all of which were treated at King Edward VII Memorial Hospital the following day.
Mr. Pettingill said his client did not know how many of the Police officers were hitting him, but he said he could definitely identify one.
And the lawyer has written to Police Commissioner Jonathan Smith to register a formal complaint and is asking for copies of CCTV footage from both Front Street and the Police station.
"This guy is so shaken up, he is now receiving counselling," said Mr. Pettingill. "His family is traumatised. He is a hard working, decent guy.
"I think this begs the question of whether or not excessive force was used here."
But Mr. Pettingill and Mr. Paiva said they respected Police officers and the law, and did not wish to "bash" the Police.
"I feel that it may well be a reflection of the Police, certainly beat officers, perhaps being stressed because they just simply don't have the numbers," said Mr. Pettingill.
"They are working long hours and extra shifts and it's beginning to reflect in their stress levels.
"The staffing and facilities for the Police are woefully inadequate.
"It's very clearly, based on the evidence, a case where he has been wronged. There has been excessive force."
Police spokesman Dwayne Caines said there was little he could say or Police could do until a formal complaint had been registered and investigated thoroughly.
"We are inviting the aggrieved individual to make a formal complaint at any Police station and an inquiry into the incident will then take place."
