An Armed Offenders Squad officer was justified in firing two sponge rounds while arresting a high-risk offender in Invercargill, the police watchdog has found.
The incident occurred in July 2022 when the Armed Offenders Squad (AOS) went to a man's property to arrest him after police intercepted a package containing class A drugs.
According to a report from the Independent Police Conduct Authority (IPCA), the man fled from officers, jumping into a hole in the ground with his back turned towards them. Police then asked him to show his hands, but he did not comply with their instructions.
Officers then reportedly saw the man move his elbows as if he was bending something in half, the report said.
"This caused the officers to perceive that the man was breaking and loading a shotgun. An officer fired a sponge round which struck the man on his back. The man fell over in the hole and police again called him to show his hands.
"The man did not comply, and the officer fired a second sponge round which also struck the man's back. The man then complied and was taken into custody," the report reads.
The IPCA concluded the officer was justified in shooting the man on both occasions in defence of himself and his colleagues.
The report said the man sustained cartilage fractures to three of his ribs and alleged that AOS officers assaulted him after he had been handcuffed.
"The officers denied using any other force on the man. The medical evidence was not consistent with the man's account of the assault. We concluded these injuries were probably sustained when he fell over in the hole," the IPCA said.
Police watchdog chairman Judge Kenneth Johnston KC said: "Although Officer A held a mistaken belief, we accept that it was a reasonable perception of the situation and genuinely held. The man was a high-risk offender with a history of firearms convictions; most relevantly, the unlawful possession and reckless discharge of firearms. Officer A's stated belief was also held by another officer, and the Taser footage corroborates that the man's movements could reasonably be interpreted in this way."
In response, Relieving Southern District Commander Acting Superintendent Shona Low said officers "responded appropriately" to the situation as they saw it unfolding and the IPCA investigation and findings support this.
"Our AOS staff attending this incident were incredibly professional dealing with a high risk offender with a history of firearms convictions."
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