The Southland Times

Police criticised in shooting report

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The investigat­ion into the fatal police shooting on an Auckland motorway of courier driver Halatau Naitoko is set to criticise police after the Independen­t Police Conduct Authority said it was passing its report to police for review under ‘‘adverse comment’’ legislatio­n.

Mr Naitoko, 17, was accidental­ly killed by police on January 23 2009 as they fired at Stephen Mcdonald.

Another man, Richard Neville, was also wounded in the shooting on Auckland’s North Western Motorway.

Mcdonald had stolen vehicles and property at gunpoint, threatened members of the public and police with a firearm, led police on an extensive chase and fired at the police helicopter and pursuing officers.

Authority chairwoman Justice Lowell Goddard said yesterday the police watchdog had completed its ‘‘detailed’’ investigat­ion.

The draft report had been forwarded to the Commission­er of Police so he could provide comment before the report was finalised.

Justice Goddard said it was passed to police as part of a ‘‘natural justice process’’ under section 31 of the Independen­t Police Conduct Authority Act, which specifies: ‘‘The authority shall not, in any opinion or recommenda­tion, make any comment that is adverse to any person unless that person has been given a reasonable opportunit­y to be heard.’’

In a finding released in August last

CALVIN AND HOBBES

year, coroner Gordon Matenga heavily criticised police actions during the incident.

Mr Matenga said he was greatly concerned that officers had missed their intended target with four shots ‘‘from a reasonably close range of between 7 and 9 metres’’.

He added that the failure of one officer to appreciate what was within the line of fire ‘‘indicates to me a need for further training and an acknowledg­ement by AOS that experience matters’’.

The two officers involved were the least experience­d of those to respond to the incident, he said.

Mr Matenga also criticised one officer – part of the chasing group of officers – for stopping and exiting his vehicle when the chase came to an end, drawing his weapon and firing it in the direction of the fleeing Mcdonald. ‘‘This was a gross infraction of the Police Instructio­ns on Firearms, appears to have been incredibly dangerous and is a matter I will refer to the IPCA to deal with,’’ he said.

Mr Matenga said that while he was critical of the officer who fired the fatal shots and his ‘‘awareness of the situation’’, he said the actions of both officers who fired shots were justified.

In yesterday’s IPCA announceme­nt, Justice Goddard said the investigat­ion was one of the most intricate and complex undertaken by the authority.

‘‘The authority interviewe­d police officers and non-sworn staff, examined forensic material and ESR reconstruc­tions of the event, reviewed police policies and relevant legislatio­n, and sought advice from independen­t scientists and medical experts,’’ she said.

‘‘The circumstan­ces of Mr Naitoko’s death were tragic and his loss remains a source of huge grief for his family. I have personally kept in regular contact with his mother and other family throughout this extensive investigat­ion and have been acutely aware of their need for resolution to this case,’’ she said.

Justice Goddard said she had asked the commission­er to respond to the draft report by March 9. ‘‘The authority intends to report publicly as soon as practicabl­e after this date,’’ she said.

Mcdonald was sentenced to 13 years prison for his actions in the leadup to the shooting.

 ??  ?? Halatau Naitoko with
his baby daughter
Halatau Naitoko with his baby daughter

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