Sunday Star-Times

How will police prosecute their own?

- Jonathan Milne

The people of Invercargi­ll are resilient. They are pulling together.

As Southland reels after this week’s shooting, you will hear statements like these from political and business leaders. They are well-intentione­d and, to an extent, they are right. But, to another extent, we express platitudes like these because they make the rest of us feel better.

The truth is, Invercargi­ll is deeply wounded. Victims Verity McLean (nee Barber) and Garry Duggan are loved members of well-known families. Constable Ben McLean, a member of the community’s trusted police force, stands accused of their shooting.

The McLean children go to Verdon College. Tomorrow, as students return from Easter break, principal Jarlath Kelly must talk with the school about this gaping wound. ‘‘We will be doing our utmost to support and care for the children at this extremely difficult and distressin­g time, ‘‘ he says.

The leadership challenge he faces will be reflected in many corners of the community.

I was visiting Invercargi­ll on Tuesday night, when the shooting happened. In the drizzling rain, I went down to the police cordon to help our small, proud team of Southland journalist­s.

Then and over the next couple of days, I met family members, police and other locals. Yes, they were supporting each other, but the overwhelmi­ng feeling was one of anger and bewilderme­nt.

Amid this, the question: how will the police investigat­e and prosecute one of their own?

The initial signs were not good. District Commander Paul Basham seemed more focused in the first 24 hours on protesting that McLean was off-duty, that a police weapon was not used, that his fellow police were devastated.

This tone-deaf litany of his own problems showed little considerat­ion of the real victims.

But he went on to announce that top detectives would be brought in from Christchur­ch and Dunedin to lead the investigat­ion and the Independen­t Police Conduct Authority would also step in.

And in the first court hearing in the hospital, the prosecutor agreed McLean should be publicly named. These decisions should give us some confidence.

Because there are serious questions for the police to answer. An officer, trained in conflict resolution and the use of firearms, stands accused. There were red flags, but we don’t know whether the accused officer was thought to be a danger to himself or others.

Another who was in Invercargi­ll with me was retired detective superinten­dent Allan Galbraith, one of our most distinguis­hed police officers. After a police career that included leading the Rainbow Warrior inquiry, he became the head of investigat­ions for the Police Complaints Authority.

And after the police shooting of Steven Wallace and the rape charges against Clint Rickards, he helped transform the authority into the Independen­t Police Conduct Authority, to scrutinise police actions.

Galbraith was saddened to learn a police officer had been charged with the nearby shooting. ‘‘But after 47 years of law enforcemen­t, nothing comes as a surprise any more. It is unfortunat­e.’’

Local police would be stunned, he told me. They would have to answer whether the right safeguards were in place. ‘‘There will be some sympathy from those who know him, his mates, for what he was going through. But the police investigat­ion ... their job is to get to the truth.

‘‘This is an individual tragedy. I’m sure the Invercargi­ll community and police will support each other through this.

‘‘You and I were there – it’s one of those communitie­s where that’s a given.’’

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