A defence lawyer representing one of three Taranaki police officers charged with manslaughter says her client is an excellent officer who simply made a mistake.
Allen Ball. Photo: Supplied
Allen Ball died at the Hāwera police station two years ago after overdosing on codeine, tramadol and alcohol.
In her closing address, Susan Hughes, who is representing the most senior officer, told the jury that her client was a high performing police officer who was well regarded in the community.
She said treating Ball poorly would not be in her client's character.
"She is not someone who, for the first time in her 15-year career, would demonstrate indifference, see a risk to Mr Ball and take it anyway.
"She wouldn't avoid her duty by being lazy and most certainly wouldn't have ignored a need to take Mr Ball to hospital if she had seen that need."
Hughes said what her client saw was a sleeping drunk - consistent with career of dealing with similar cases.
"So how is it that such an excellent officer made the mistake she did? Because as you heard when I opened she accepts that a mistake was made that night.
"She and her colleagues saw a sleeping drunk not knowing Mr Ball had in fact taken a gigantic quantity of [pills] intending to end his life that night."
Hughes said the failure to identify that Ball had taken an overdose did not amount to a major departure from the reasonable standard of care the officers owed him.
She said her client knew she had let the 55 year old down and she doubted anyone could judge her more harshly than she judged herself.
Andrew Laurenson took a different tack in the defence of his client - evoking the film The Castle to get across his point.
"It's really the vibe, the vibe of the whole thing. That's why he's here. You know The Castle - Dennis Denuto. The Marbo case and all that. It's the vibe."
Andrew Laurenson delivers his closing argument. Photo: Stuff / Pool / Simon O'Connor
Laurenson said the Crown didn't really have a good reason to take his client to court.
He said his client had no more responsibility for Ball's care than other officers who were present on the night, but not now on trial.
On the other side of the argument, Crown prosecutor Cherie Clarke played it straight in her closing.
She said Ball presented with clear risk factors.
He was intoxicated, had been arrested due to a family harm incident, had threatened suicide and passed out in the police vehicle.
Clarke said the officers failed in their duty of care to Ball the moment they took him into the station.
"When Mr Ball could not be woken and did not respond to voice or to be shaken or to pain compliance techniques the reasonable police officer would've know this was a medical emergency."
Clarke said when the senior officer went to attend to another job, she set the tone for a deteriorating level of care as she left.
Crown prosecutor Cherie Clarke. Photo: Pool / Stuff / Simon O'Connor/
On her way out she wishes her charges "good luck" and congratulates them for "having done all the hard work".
"By this time, the Crown says, what may have been inattention or a failure to advert to the serious risk to Mr Ball's health it went further than that. It escalated to indifference.
"Indifference is lack of care, lack of concern and in other contexts and later on in the night, laziness."
Clarke said all three officers were grossly negligent in their care of Ball and culpable for his death.
The lawyer for the junior officer will close this morning before Justice Thomas sums up the trial for the jury.
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