Veteran activist John Minto gets $10,000 from police after unlawful arrest
by Keiller MacDuff · RNZPolice have paid $10,000 to veteran activist John Minto after he was unlawfully arrested and pepper-sprayed at a pro-Palestinian protest in Christchurch in 2024.
The Independent Police Conduct Authority (IPCA) last year found Minto's arrest was unlawful and an officer used excessive and unjustified force.
The payout follows negotiations between police and Minto following the authority's findings.
Minto, then 70, was charged with obstructing and resisting police during a Palestine Solidarity Network Aotearoa (PSNA) protest in Lyttelton on Waitangi Day 2024. Charges were later dropped.
Minto, the PSNA co-chair, said he would donate the money to the group.
He said he was concerned police still disputed the authority's findings.
A police investigation concluded the officer's actions were lawful, but he had failed in his duty to provide aftercare after pepper-spraying Minto.
"I'm pleased this issue is now resolved but disturbed that even after the IPCA report, the police have not accepted responsibility for what in this instance was thuggish behaviour," Minto said.
He would write to Police Minister Mark Mitchell calling for law changes to make IPCA findings legally binding on police.
IPCA chair Judge Kenneth Johnston KC wrote to Minto last year and said the authority had found inconsistencies between the arresting officer's account and video footage, which led the authority to "doubt the genuineness" of the officer's version.
The authority did not accept the police explanation that Minto had moved from where he was standing or that the officer could have perceived Minto as a real threat.
Johnston said the authority considered the possibility of police charging the officer with assault, but could not rule out self-defence. Instead, the authority asked police to consider an employment process for the officer involved. Police declined to do so.
Minto was pepper-sprayed as police arrested another protester. Half an hour later he was himself arrested ostensibly for obstructing the earlier arrest.
The IPCA found there was no case for the obstruction charge and no grounds to suspect Minto had hindered the arrest of the other protester, "or indeed showed any intention of doing so".
"Our view is that you were standing lawfully on the footpath both prior and during the other protester's arrest. The evidence does not show you advancing past where you were originally standing after being pushed by the officer who pepper sprayed you, and that you were not paying any attention to the arrest."
Canterbury District Commander Superintendent Tony Hill said, at the time of the authority's findings, that police were satisfied there were no employment or criminal matters to address.
"It is important to note that the officer involved was one of a group of other officers dealing with policing a large group of people, in a heightened and dynamic environment," he said.
Police have been approached for comment on the payment to Minto.
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