Euthanasia checkpoint was illegal
Police were not justified in using an illegal breath-testing checkpoint to target people who had attended a euthanasia meeting, the Independent Police Conduct Authority has found.
The targets, mostly elderly women, had been attending an Exit International meeting on the afternoon of October 2, 2016, at a Lower Hutt house, in what police codenamed Operation Painter.
As the people left, about 4pm, all were pulled over at the checkpoint and – before being asked to blow into the breathalyser – were made to give their names and addresses, and show their driver’s licences.
While monitoring the meeting, police overheard a discussion about how to import a euthanasia drug and feared those present might commit suicide.
Operation Painter was triggered in August 2016 as part of a probe into the death of 77-yearold Annemarie Treadwell, who had taken pentobarbitone, a controlled drug used to euthanise animals.
Trial held
Lower Hutt woman Susan Austen was the co-ordinator of the Wellington branch of pro-euthanasia group Exit and was acquitted by a jury in February of aiding Treadwell’s suicide and a general charge of importing pentobarbitone, but was found guilty on two charges of specific importations of pentobarbitone.
On Thursday Austen said – despite other concerns – she was pleased with the finding.
‘‘People should be allowed to go to a meeting in someone’s home without the fear of being stopped unlawfully,’’ she said.
Austen’s lawyer, Donald Stevens QC, said he was concerned police had set up the checkpoint without considering if it was appropriate or lawful or seeking legal advice.
The fact the checkpoint was approved by the area commander and the acting district commander showed there was an absence of adequate control, which was symptomatic of an over-worked, underresourced police force lacking in institutional memory as experienced personnel left.
From Amsterdam, Exit director Philip Nitschke said he welcomed the report’s findings.
‘‘Wellington is not Moscow and the police are not the KGB. Such underhand and downright dishonest tactics have no place in New Zealand civil society.
‘‘It is unthinkable in this day and age that the police can operate in such a subversive and dishonest manner and get away with it,’’ he said.
In the report released on Thursday, authority chairman Judge Colin Doherty found police considered attendees at the meeting might be at risk of harm and set up the checkpoint immediately after the meeting had ended, to identify them after recording vehicle registrations and taking covert photos.
Police intended to provide welfare support to those identified – in the days that followed, at least 10 of them received visits from police officers, asking questions about their association with Exit.
However, the authority found the welfare support visits did not breach the Privacy Act 1993 and although they caused stress were well-intentioned and in accord with police operational policy and their duty to protect life and safety.
Following a Stuff investigation, police admitted later in October 2016 that they had used the breathtesting checkpoint to target elderly people at the meeting.
Assistant Commissioner Bill Searle said police accepted the findings.
Privacy breach
The Office of the Privacy Commissioner also launched an investigation after getting complaints from attendees.
Privacy Commissioner John Edwards said the checkpoint had unlawfully and unfairly collected personal information, harming some of the people affected.
Some complainants said the police visits made them feel uncertain about their ability to speak freely and anxious more visits would follow.
Edwards acknowledged police believed attendees were at risk, and said police apologies and an undertaking to delete the information collected at the checkpoint were appropriate resolutions to the complaints.