Pepper-spray death brings research call
5:00AM Wednesday February 06, 2008
By Elizabeth Binning and Errol Kiong and Beck Vass
A man who died during an arrest in South Auckland yesterday is at least the fourth person with mental problems to be fatally pepper-sprayed in the past nine years.
The death of Henry Bailey, aged in his 40s, prompted calls last night for more research into the potential impact of pepper spray on people who are taking medication.
Maori Party co-leader Pita Sharples said the tragic consequences of a "cavalier approach to the use of incapacitating weapons" were a concern.
Police were called to Mr Bailey's home in Cornwall Rd, Mangere, about 11am after a man believed to be his flatmate reported that he had been assaulted.
The two constables were confronted by a man - believed to be Mr Bailey - who was "aggressive, challenging and threatening", Detective Inspector Steve Rutherford said.
They warned the man they would use pepper spray if he didn't back off.
He calmed down momentarily, but then became aggressive without warning, confronting the pair.
"A brief altercation took place where both officers tried to subdue the individual as per their training by taking him to the ground and attempting to handcuff him."
It is believed they hit the man's arm with a baton, then began handcuffing him. They had got just one handcuff on him when they became worried.
Asked to describe the level of force the officers used, Mr Rutherford described it as "minor to moderate".
Nearby resident Robyn McNabb said she watched from her upstairs windows as police officers tried to revive Mr Bailey before St John Ambulance staff arrived.
Outside the home last night, Mr Bailey's cousin Nane Malupo said she and other relatives were shocked.
She said she had visited Mr Bailey, whom she described as "nice and lovely", several times in the past year. She said he was "getting better" and had been released from mental health services about a year ago.
Mr Rutherford said it was possible a heart attack had occurred. An autopsy would ascertain the cause of death. "Obviously it's a tragedy for all concerned."
Mental Health Foundation chief executive Judi Clements acknowledged police had a challenging role in such situations, but said they needed to take into account whether a person was on medication.
"There isn't enough research or information yet on what the inter-relationship might be between medication and pepper spray. The same issue arises with the use of the Taser.
"We have to be looking very carefully with some level of independent inquiry as to whether this was the only response the police could have made."
Mental Health Commission manager Karen Coutts was not aware of any links between the use of pepper spray and increased risks for people with mental illness.
"There's no question that if there was any kind of link identified around that, we would work to get elimination of any kind of indiscriminate use or consequence."
Dr Sharples said he would be following the homicide inquiry and Independent Police Conduct Authority investigations very closely.
"In particular, we will be keen to learn whether the protocols for the use of pepper spray were followed."
Police Association president Greg O'Connor said the officer who sprayed Mr Bailey was "a human being with a family who has done his job and the worst possible thing has occurred".
"Whatever we use in these confrontations - whether it be physical force, batons, pepper spray, Taser or ultimately firearms - there is always a danger that there will be serious injury or death. It is the nature of the beast."
Nine-year history of fatalities
1999: Mentally ill Northland doctor Ian Horsfield, 66, dies of a heart attack soon after being pepper-sprayed by police trying to take him for psychiatric treatment. Coroner finds pepper spray did not cause the heart attack.
2001: Intellectually disabled Waikato man Russell Hamilton went into a coma minutes after he was sprayed and handcuffed for smashing windows. He died two days later in hospital. Pathologist at inquest said it was "highly unlikely" the pepper spray caused the brain damage that killed the 32-year-old.
2006: Schizophrenic Hamilton man Johnathan Ripia, 46, collapsed and died when pepper spray was rubbed in his face after he attacked a constable at court.
2008: Mangere man Henry Bailey dies after being pepper-sprayed yesterday.
EFFECTS
Inhalation or direct skin/eye contact causes an almost instant reaction, including severe burning and redness of the eyes; tingling, burning pain; nasal irritation; burning of the throat, coughing, sneezing and shortness of breath, and occasionally blistering of the skin. It can also cause disorientation, panic and loss of body motor control.
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