Warning shots fired by police officer 'not justified'

Tuesday, 23 July 2019

Three warning shots fired by a Waikato police officer to stop a fleeing driver were unnecessary, the Independent Police Conduct Authority has ruled.

The officer's decision to arm himself was found to be 'not reasonable in the circumstances'.

And another officer, who kicked the same offender in the midriff while trying to arrest him, had been excessive in his use of force.

The whole drama in November 2017 began with an arrest warrant in relation to a family harm incident, according to the IPCA report released on Tuesday.

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A man had fled in a Toyota upon being told by police that he was under arrest.

Before he was handcuffed, the man leant back and kicked an officer in the thighs before jumping into the driver's seat and taking off.

Another officer, who had heard the chase ensue on his radio, armed himself with a Glock pistol because he thought the vehicle may have been connected to an armed robbery in Hamilton six hours earlier. IPCA found this belief to be unfounded.

He thought, 'I'd better arm myself because I'm a fixed target', but didn't put on ballistic body armour - a breach of policy, the report said.

The officer used road spikes to stop the oncoming vehicle as it fled police along SH1, but the driver attempted a U-turn to avoid the spikes.

As the fleeing driver tried to turn, the officer ran to the back of the Toyota, yelling 'get out of the car' and 'stop' as the man began revving the engine and reversing.

The officer, who said he feared for his life and the lives of of passing motorists, fired three warning shots into the soil, half a metre from the car.

While a police investigation found the warning shots complied with police policy, the officer had no sound basis for his decision to arm himself, IPCA chair Judge Colin Doherty said.

'He then unnecessarily placed himself in a dangerous situation. Rather than firing the pistol that he should not have been carrying, he could have jumped out of the way of the reversing car.'

The fleeing driver surrendered immediately, holding his arms in the air through the sunroof until other officers pulled him from the car.

When the officer,that had tried to arrest him earlier tried to pull him from the car the man clung to his seatbelt and wouldn't let go, saying 'I'm sorry, I'm, sorry'.

Eventually, the officer kicked him in the midriff to make him let go so he could be handcuffed.

But the IPCA found the man had posed 'minimal threat' and such force was excessive.

Police accept the findings from the IPCA investigation, Waikato district commander acting Superintendent Warwick Morehu said in a statement.

'Police acknowledge that the officer made some errors of judgement in affecting the arrest, however notes that overall pursuit was otherwise properly commenced and conducted safely in accordance with the law and police policy.

'Police deal with fast-moving and ever-changing situations every day, and split-second decisions need to be made to keep the community and police safe.

'In this instance, we acknowledge that some of the decisions made by officers could have been better, and alternative tactical options should have been considered.'

The officers involved have been supported and had intensive training to deal with their 'situational awareness, decision making and use of tactical option'.

However, he added that the pursuit was otherwise properly commenced, no-one was injured and the pursuit successively resolved.