Officer shouldn't have shot at stolen police car in Bay of Plenty, investigation finds

Thursday, 4 April 2019

A lone policeman shouldn't have shot at a stolen police car after an arrested man fled in it in 2017, an investigation has found. 

The officer had left the keys in the ignition with a handcuffed man in the front seat when he dropped two children home in Murupara. 

But the fleeing man hadn't posed a risk of harm or death when the officer shot the car's tyres with a Glock pistol, the Independent Police Conduct Authority (IPCA) said in its findings. 

The policeman was also found to be inappropriately and 'routinely' carrying a firearm, with a lack of supervision. 

READ MORE: Bay of Plenty police find stolen cop car abandoned

He had been working by himself when he stopped to arrest a man he thought believed to have been involved in an armed robbery. 

After arresting the man and handcuffing his hands to the front of his body, the man was put in the front seat of a police car while the officer took two children home. 

But when the officer left the car with the children, he left the keys running in the ignition with the engine running. 

The arrested man hopped into the driver's seat, locked the doors and reversed down the driveway, ignoring the officer shouting at him to stop.

The man escaped in the car, despite two shots to the stolen car's tyres.

Later that evening, the car was found abandoned, with the officer's M4 rifle and ammunition still secured in the car's boot. 

Three weeks later, the man was found and charged with stealing the car and earlier offences. 

'This situation need never had occurred had the officer appropriately assessed the situation and mitigated any potential risk posed by the man,' IPCA chair Judge Colin Doherty said. 

'However, he failed to remove the car keys, enabling him to escape in the police car. The Authority has determined that, at the time the shots were fired, the man did not pose an immediate risk of serious harm or death. The officer therefore did not have justification for firing at th evehicle.' 

The IPCA also found that supervision for the officer was lacking, with police failing to recognise and address his poor decision-making and inappropriate use of force. 

In a statement, police said the areas for improvement have been addressed.

'Murupara is like a lot of communities where staff work by themselves a lot of the time.

'The work can be quite challenging at times and due to remote locations in a critical incident immediate assistance is not always available.' 

While the officer was driven by a 'desire to keep the community safe', he shouldn't have been carrying a firearm routinely, the statement said. 

The officer is now based in Rotorua.

A review had been undertaken and improvements identified, police said. 

'Those areas for improvement included the understanding of police policies by the staff involved and the initial employment investigation that followed the matter.

'We acknowledge the correct process was not followed by the officer involved or the supervising officer when deciding to routinely carry a firearm.'