Officer firing at man in oncoming car justified

September 9, 2021

An officer was justified in firing three shots at a man who accelerated towards him in his red Holden Commodore, the police watchdog has ruled.

The Independent Police Conduct Authority (IPCA) said the officer was trying to defend himself from being run over by the vehicle, which was less than two metres away.

It noted how on January 31, 2019, the man, dubbed 'Mr X', had fired shots at a person on Northcote's Potter Ave. 

The shots had been fired in the air and above the person's head. 

Mr X was followed, not pursued, by a number of police vehicles as he headed southwards and then west toward Pt Chevalier, driving at speeds of 150 to 170 kilometres per hour.

During this time he drove on the wrong side of the road or used the emergency shoulder to pass other vehicles.

He returned to Northcote where he threw the air pistol and two magazines out a window, now driving 80kmh in a 50kmh zone.

Mr X continued to be followed by police as he headed south on the motorway towards South Auckland, where he continued to drive "like a bit of a lunatic" as one officer later recalled.

After three failed attempts to block the Holden and stop the man, Mr X was finally forced off the road after the officer had fired towards his vehicle.

Mr X complained to the IPCA about police actions during his arrest that day, claiming he had been assaulted and verbally abused.

IPCA chair Judge Colin Doherty noted: "Mr X’s complaints about being assaulted and verbally abused are unsubstantiated or able to be explained."

Waitematā District Commander Naila Hassan said police fully support the IPCA’s findings the officer was justified in his actions.

"This was an extremely volatile and dangerous situation where we had a person who was known to have used a firearm fleeing police, and he posed an extreme risk to the public on our roads.

"This highlights the fast-moving, and often dangerous nature of Policing. Our staff go to work every day to keep the public safe, often putting themselves in harm's way to do so."

Mr X was charged in relation to the incident and in October 2019 was sentenced to two years' and three months' imprisonment.

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