Shoot-out shown in court

The sound of gun shots filled the High Court in Christchurch yesterday as a jury was shown video of an alleged shoot-out between Tolu Maanaiama and police.

Maanaiama, 33, faces two charges of attempted murder relating to an incident in Eveleyn Couzins Ave, in Richmond, Christchurch, on February 26.

The video was filmed by a bystander. Crown prosecutor Mitchell McClenaghan said it would likely be played several times during the trial, as the Crown asserts the video shows Maanaiama directly aiming and firing shots at police officers.

According to the Crown, the incident started about 7.20pm when Constable Kurt Stephenson saw a black car that had been involved in a police pursuit three days earlier. The officer initially thought the vehicle was empty but as he approached, a man jumped out of the back seat and got into the driver’s seat.

Stephenson said he ordered the man not to move but the man sped away ‘‘in a matter of seconds’’. Stephenson got back into his marked police vehicle, and pursued the car with his police lights on and sirens blaring. He said the suspect exceeded the speed limit, weaved between cars on the road, ran a red light and hit several traffic cones in an attempt to get away.

The car was slowed down by road spikes set up by another police officer. Although the car’s tyres were damaged by the spikes, the suspect continued to drive on the deflating tyres.

Stephenson said the suspect at one stage pointed a shotgun out the window of the car towards the street. After turning into Eveleyn Couzins Ave, one of the front wheels of the suspect’s car came off and the car came to a standstill. The suspect got out of the car holding a shotgun.

According to Stephenson, the man pointed the gun at him and he took cover behind the police car. He told the man to drop the gun but was ignored.

Stephenson said the man fired a shot directly at him, causing

The scene of the alleged shoot-out in Eveleyn Couzins Ave, Richmond.

him to retaliate by shooting his own gun.

‘‘I heard the explosion sound from the shotgun being fired and then the distinct whistling sound of the projectiles I believed to be shotgun pellets,’’ he said.

During the shoot-out, the suspect was hit in his leg and upper body, causing him to fall to the ground and drop the firearm.

During cross-examination, Stephenson said he could recall Maanaiama firing only one shot at him, while he fired several shots at Maanaiama.

He said that after the initial exchange of gunfire, the suspect emerged from behind his car pointing the gun directly at Stephenson for a second time, and he responded by firing shots at him. At that stage more police officers had arrived at the scene.

Stephenson told the court he stopped firing when he saw Maanaiama’s ‘‘knees bend as he went to the ground facing away from me’’. He said his firearm’s magazine held 16 rounds of ammunition but he did not empty the magazine. He could not confirm exactly how many shots he fired. ‘‘[Maanaiama] was certainly struck and incapacitated but I did not know whether it was my round that struck him or not,’’ he said.

The total number of shots fired was uncertain. Stephenson said according to his knowledge Maanaiama fired only one shot at police officers, however Sergeant Brett Neal said the defendant fired at least three shots at officers. Constable Duncan Fosbender, another officer involved in the pursuit and shootout, said he did not fire any shots and saw Maanaiama fire only one shot. ‘‘It [the shoot-out] felt like forever but in reality it lasted only about 20-30 Fosbender said.

Constable Ryan Prestidge said he believed he fired a total of 10 shots towards Maanaiama, while the defendant fired four shots at police.

After the suspect fell to the ground, other officers helped arrest him before providing medical attention and first aid.

Neal said in court Maanaiama was bleeding from his leg and shoulder, and he was ‘‘concerned about the amount of blood coming from his leg’’.

He requested an ambulance and Maanaiama was taken to hospital.

Maanaiama is also charged with assault of a member of police using a vehicle as a weapon, two charges of using a firearm against a police officer, and two alternative charges of using a firearm against a law enforcement officer.

He has pleaded not guilty to those charges.

He has pleaded guilty to failing to stop when ordered to do so by a police officer and unlawful possession of a firearm.

The trial continues today.

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