A review of the Independent Police Conduct Authorities’ findings on the death of Shargin Stephens in Rotorua in 2016 has upheld its belief that a police officer was justified in shooting him.
However, they have now concluded that the high frequency of bail checks he was subjected to may have contributed to the actions he took.
Stephens was shot and killed on 14 July 2016, after he used a weed slasher to smash the windows of a police car. Police claim he also threatened members of the public.
That’s after he had undergone 70 bail checks over 38 days, often on multiple occasions each day and overnight. There are no police records showing that he breached his bail conditions.
The IPCA’s initial report came out in 2017 and found that his killing was justified and that the number of bail checks he underwent was “reasonable”.
However, the Authority began a review of its findings last year after members of Stephens’ family and the media raised issues.
The review has found that the number and frequency of bail checks was “excessive and unreasonable in the circumstances” and that there was no need for police to have needed to check on Stephens at his house.
“At the time of this incident there were no guidelines or expectations in Police policy or practice setting out the expected or reasonable frequency of bail checks,” says Authority Chair, Judge Colin Doherty. “Crucially there was (and still is) no oversight or supervision of the frequency or reasonableness of bail checking.”
“However, the fact that unreasonable Police prior actions probably contributed to events does not justify Mr Stephens’ specific actions at the time.”
The IPCA is recommending that police undertake a fundamental review of all aspects of bail checking, including giving guidance to officers as to what constitutes a reasonable number of bail checks and an appropriate system of oversight.
The review also addresses the allegation that camera footage of an officer’s Taser had been manipulated by police to remove a vital section covering the shooting.
The IPCA says it’s satisfied there is no missing footage and that seven seconds that weren’t captured on camera are likely due to a technical fault.
Police say they reject any allegations that they purposefully manipulated footage of the event but accept all of the IPCA's findings and have already begun a review of their bail check practices.
"Our staff are deeply affected by these incidents, and I want to commend the professionalism of staff who responded to this incident which, as the authority notes was fast paced and took place in a busy urban environment," says Superintendent Andy McGregor, Bay of Plenty District Commander.
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