Police dog handler Joshua Van Der Kwaak requested help from Morgan and constable Hayden Waetford to find Lemon.
As Van Der Kwaak tracked the pair, Sinclair “popped up” about 10m ahead of him from a crouched position in a clearing. He recognised Sinclair as a wanted man and warned him to stay where he was or he would release the dog.
Sinclair ran towards the creek about 50m away.
Fearing Sinclair would escape into the dense vegetation or creek, Van Der Kwaak ordered the dog to apprehend him.
The canine caught Sinclair, biting him on the right forearm. He fell to the ground.
Morgan and Waetford were several metres behind, climbing through vegetation. They did not see the police dog bite Sinclair, though they heard him scream.
Once the officers reached the clearing, they saw Sinclair on the ground with the dog biting his arm.
Morgan told the IPCA Sinclair was trying to fight the dog, would not follow instructions and had his left hand hidden, which concerned him.
Sinclair said he did not resist or lash out when the police dog bit his arm.
The IPCA said Morgan believed Sinclair’s behaviour indicated he intended to harm the officers.
Waetford said Sinclair was under control and not resisting by the time he and Morgan reached him.
He told the IPCA that Morgan punched Sinclair in the eye, causing a cut above his eye. However, the IPCA accepted Morgan’s account that it was a palm strike.
Morgan said the palm strike was intended to distract Sinclair and protect both himself and the police dog handler.
The IPCA accepted Waetford’s evidence that Morgan deliberately struck Sinclair on the top of the head with the launcher, bringing the barrel down with both hands while Sinclair was on the ground.
The report said Sinclair did not recall Morgan striking him in the face, but he said Morgan “smashed” him over the head with the butt of a gun using a “knock-out level of force” and that “everything went blurry” afterwards.
Sinclair suffered a crescent-shaped wound to the top of his head.
Morgan suggested the wound on top of Sinclair’s head might have been caused by his unsecured weapon during the attempt to arrest him.
He told the IPCA he had earlier tried to secure the launcher but had been unable to do so.
The IPCA said the explanation was implausible.
Waetford escorted Sinclair out of the mangroves to his sergeant at the waiting police car, while Morgan and Van Der Kwaak unsuccessfully searched for Lemon.
At the police car, Sinclair complained that an officer had hit him on the head with a gun.
The sergeant saw the blood on Sinclair’s face and looked at Waetford, who nodded in confirmation.
The sergeant rang the custody sergeant to tell them about Sinclair’s injuries and allegations.
The custody sergeant alerted the duty senior sergeant and photographed Sinclair’s injuries as part of the complaint process, the IPCA report said.
Sinclair was then taken to hospital for treatment of wounds to his face, head and arm.
The IPCA concluded Sinclair may have been initially resisting but not using significant force.
Police acknowledged the report’s findings.
Northland District Commander Superintendent Matt Srhoj said police completed their own investigation, and Morgan was charged with assault with a weapon.
“We note the jury was unable to reach a decision during the first trial and following a second trial, the officer was acquitted of the charge.
“A confidential employment process was then undertaken and the officer remains employed with police.”
Srhoj said police could always learn from situations like this.
“We will continue to investigate and take action where necessary to ensure our people, and the wider community, are kept safe.”
The IPCA described the act of hitting Sinclair with the weapon as dangerous and agreed with police’s decision to charge Morgan.
Brodie Stone covers crime and emergency for the Northern Advocate. She has spent most of her life in Whangārei and is passionate about delving into issues that matter to Northlanders and beyond.