Police officer was driving dangerously during fatal pursuit, says IPCA

Thursday, 8 November 2018

A car carrying five people crashed into a tree during a police pursuit - a 25-year-old woman and a 29-year-old man died. (First published October 23, 2017)

A police officer 'drove dangerously' at 200kmh during a pursuit in which two people died, and should have faced a criminal investigation.

Police watchdog the Independent Police Conduct Authority said on Thursday the officer drove at speeds reaching 200kmh in an 80kmh area during the pursuit which ended in a crash which left two dead and three injured on October 23, 2017.

Ultimately the fleeing vehicle left the road at high speed and struck a tree.

Prushya Chaichumpon, who was the driver of the fleeing car, has been sentenced to three years in prison.

Two of the passengers died in hospital a few hours after the crash, while the driver and the other two passengers were seriously injured.

**READ MORE:

* Two friends dead after police chase

* Mother of victim in crash speaks

* Police charge 22-year-old over crash

* Chaichumpon's car a 'weapon of death'**

In his report, authority chair, Judge Colin Doherty, said: 'The speeds at which the officer drove on this occasion were clearly unjustified and constituted dangerous driving.

'Indeed, it is the authority's view that rarely, if ever, would driving on a public road at a speed of two and a half times the posted speed limit not constitute dangerous driving.

The tree the car smashed into is on St Lukes Rd, Morningside.

The authority also found that police should have initiated a criminal investigation into the officer's driving.

In its report, the authority said the incident began at 1.08am, when two officers were conducting speed checks on the northwestern motorway near Great North Road.

They observed a Volkswagen Golf travelling at 133kmh in an 80kmh speed limit. The officers began following the vehicle in an attempt to catch up to it, before initiating a pursuit.

The authority found that it was appropriate for the officers to initiate a pursuit.

However, once it became evident that the fleeing driver was not going to stop the officers should have abandoned the pursuit.

The Golf was followed and chase which lasted 1 minute and 16 seconds began.

The driver of the Golf, Prushya Chaichumpon, 23, was last week sentenced to three years imprisonment after facing two charges of reckless driving causing death and two charges of reckless driving causing injury.

Sharina Storm Meuli, 25, and Connor Talaimanu, 29, lost their lives when the silver VW Golf smashed into a tree in Morningside.

Meuli died at the scene while Talaimanu died at Auckland Hospital.

Crown prosecutor Jo Murdoch said Chaichumpon drove at 'grossly irresponsible speeds', overtaking dangerously and refused to stop despite many opportunities to do so.

She said he only stopped after crashing into a tree as he attempted to overtake another car.

On Thursday, Assistant Commissioner (Response and Operations) Tusha Penny said police accepted the IPCA finding about the speed reached by the police officer involved.

'This was an absolute tragedy which could have been avoided had the fleeing driver chosen to stop when signalled by police,' she said.

'It is important to note that the IPCA finds the pursuit was justified, and that the officer complied with the Urgent Duty Driving policy. The IPCA also makes no finding regarding the pursuit and the cause of the crash.

'We accept that the officer's speed was not justified, was excessive, and the pursuit should have been abandoned.'

Penny said when the crash happened, police did consider the matter from a criminal perspective.

'A senior investigator was involved and a detailed legal opinion sought regarding the actions of police that night.

'Police also appealed for further information from the public, witnesses were interviewed, extensive CCTV footage examined and a further review conducted at the conclusion of this process.

'On this occasion police determined that that the evidential test was not met for a charge of either dangerous or reckless driving.

'Nevertheless we know we could have done better and we acknowledge the IPCA's comments, we are currently in the process of implementing a new approach which will help ensure a consistent approach in the future.'

Penny said police would be seeking an independent review from Crown Law of their legal opinion to assist with the legal issues involved.

'There is no doubt that police could and should have done things differently that night and in the subsequent process, just as the fleeing driver involved should have made a different choice.

'Our people never want to have an outcome like this, and we must continually learn as we work to keep our communities safe.'

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