The officer says he believed the woman may be under the influence of drugs or alcohol, so signalled for her to stop in accordance with the Land Transport Act 1998.
The woman drove a further 800 metres to her home, then got out of her car and asked the officer if he had stopped her because she made the gesture. He did not answer her, and instead, asked for her driver's licence and details. The woman refused to provide these and turned away from him. The officer told the woman she was under arrest and attempted to grab her. The woman's halter-neck top ripped during the exchange, leaving her underwear exposed. She ran down the driveway, followed by the officer, yelling for her parents to help. As she ran into the house, the woman slammed the sliding door closed. Unbeknown to her, the officer's hand was in the doorway, and he was badly cut when the door slammed shut. The woman immediately went upstairs to change her top. Meanwhile, her elderly mother approached the officer and attempted to assist with his injured hand. A short time later, the woman returned downstairs, put her hands in the air, and told the officer he could arrest her. The officer sprayed her with pepper spray.
The woman pleaded guilty to failing to stop, failing to provide her name and address, and resisting arrest. She pleaded not guilty to having a reckless disregard for the safety of others, concerning the injury to the officer's hand. This charge was ultimately dismissed.
We do not accept the officer stopped the woman out of a genuine belief that she may be driving under the influence of drugs or alcohol. There was no indication during the incident that he believed this to be the case. Rather, we believe the officer was simply reacting to the woman's 'thumbs down' gesture.
Given our view that the officer had no legal justification for stopping the woman, we concluded he had no legal basis for arresting her, using force when he grabbed her, or attempting to enter her house. We also concluded that his use of pepper spray was unjustified as the woman posed no immediate threat to him.
In addition, it is evident that the officer did not communicate well with the distressed, panicking woman, during the incident. He missed several opportunities to de-escalate the situation.
Police have a completely contrary view to the Authority on this matter. They accept the officer genuinely believed the woman may have been driving under the influence of drugs or alcohol at the time he signalled for her to stop, and therefore, that his subsequent actions were lawful.
The Authority completed its investigation into this incident in March 2024 but delayed the release of its public report until after the conclusion of related court proceedings in June 2025.
