Local Govt | National News Video | Parliament Headlines | Politics Headlines | Search

 

Fatal pursuit of Harley Wilson and Michael Keepa


MEDIA STATEMENT

28 September 2012

EMBARGOED 10.00am

Fatal pursuit of Harley Wilson and Michael Keepa

An independent investigation of a fatal Police pursuit in Te Puke in October 2010 has found Police were justified in initially trying to stop the driver but should have subsequently abandoned the pursuit because of a number of risk factors.

At around 5.34am on Friday 8 October 2010, a stolen Toyota Hilux Surf 4x4 vehicle driven by Harley Kendrick Sean Wilson crashed on Jellicoe Street in Te Puke while fleeing Police. Mr Wilson, aged 21, and his passenger, Michael Adam Kaui Keepa, aged 25, both died at the scene.

The pursuit lasted for about 17 and a half minutes, and covered a distance of about 38.5 kilometres. It took place in three stages and involved an attempted use of road spikes during the first stage.

Background

Mr Wilson and Mr Keepa had stolen the vehicle from Levin and driven to the Bay of Plenty to visit family and friends. The pursuit started in Mt Maunganui when officers saw the vehicle pull over as it approached a traffic alcohol checkpoint and suspected the driver was trying to avoid Police.

Mr Wilson drove off at speed and was pursued by two Police vehicles from Mt Maunganui to Papamoa Beach, where he swerved to avoid road spikes. Police abandoned the pursuit.

However it was recommenced about one and half minutes later when another Police vehicle spotted the fleeing driver heading south towards Te Puke. A fourth Police vehicle then joined as the pursuit entered its third stage. As they reached Te Puke the Police vehicles were travelling 135 kph in a 50 kph zone. Officers had earlier reached a speed of up to 160 kph in a 100 kph zone.

Mr Wilson lost control of the Toyota at a corner and crashed down a grass bank into a lamp post and tree. A crash investigator estimated he was travelling at least 110 kph in a 50 kph zone. A blood sample showed Mr Wilson had 7 milligrams of alcohol per 100 millilitres of blood. The legal limit is 80 milligrams. 2


The Authority considered whether Police complied with the law and pursuit policy at each stage of the pursuit, specifically in relation to: the commencement and recommencement of the pursuit; communication; speed and manner of driving; and the ongoing risk assessment/abandonment.
The Authority also investigated whether Police complied with policy in relation to the use of road spikes, specifically in relation to: the pre-deployment vehicle check; the decision to use road spikes; selection of the deployment site; and the actual deployment.

Conclusions

Harley Wilson demonstrated by his actions that he was prepared to risk his life and the lives of others to avoid being caught by Police.

Officers were justified in attempting to stop Mr Wilson. They later discovered he was also driving a stolen vehicle. Although Police did consider the risks involved at each stage of the pursuit, these risk assessments did not properly take into account the sustained high speed of the fleeing vehicle, particularly on roads with 50-70 kph speed limits.

During stage 1, given the high speed and residential road, the pursuit should have been abandoned in the early stages when it reached speeds of 115 and 120 kph in a 50 kph area. Following this, there were several other reports of unacceptably high speed, which also should have led to the pursuit being abandoned. Two officers should have carried out a pre-deployment check of their patrol car and the road spike equipment carried in it before leaving the Police station.

During stage 2, the officers and the pursuit controller should have abandoned the pursuit once they realised that Mr Wilson had recommenced driving far in excess of the posted speed limit and had no intention of stopping for Police.

During stage 3, given the clear risk factors, the pursuit should have been abandoned before it reached the 70 kph speed zone on the outskirts of Te Puke.

The sustained high speeds reached by the pursuing officers were dangerous to the public, the occupants of the fleeing vehicle and the officers themselves.

Section 27 opinion

Section 27(1) of the Independent Police Conduct Authority Act 1988 requires the Authority to form an opinion as to whether or not any act, omission, conduct, policy, practice or procedure the subject-matter of an investigation was contrary to law, unreasonable, unjustified, unfair or undesirable. 3

Pursuant to section 27(1) of the Act, the Authority has formed the opinion that:
• the failure by Officers A and B and the pursuit controller to abandon the pursuit during stage 1 was unjustified;
• the failure of Officers C and D to carry out a pre-deployment check of their patrol car and the equipment carried in it was undesirable;
• the attempted use of road spikes on a vehicle travelling at more than 100 kph by Officers C and D and the pursuit controller was undesirable;
• the failure by Officer E and the pursuit controller to abandon the pursuit during stage 2 was unjustified; and
• the failure by Officer G and the pursuit controller to abandon the pursuit before it entered the outskirts of Te Puke was unjustified.

Section 27(2) recommendations
The Authority notes that the Fleeing Driver policy now requires officers to continually relay the applicable speed limits during a pursuit, and therefore makes no recommendation in that respect.
Pursuant to section 27(2) of the Act, the Authority recommends that:
• all frontline and NorthComms staff involved in this pursuit be reminded of the risks of pursuing at such a high speed; and
• all staff are reminded of the importance of carrying out a pre-deployment check of their patrol car and the equipment carried in it prior to use and of ensuring that the equipment carried is in a safe operating condition.

2012_Sept_28_Wilson_and_Keepa_Fatal_Pursuit_embargoed.pdf

ENDS

© Scoop Media

 
 
 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

Back Again: Government Approves TPP11 Mandate

The Government has approved a negotiating mandate for Trans-Pacific Partnership 11 (TPP11), which will ensure New Zealand businesses remain competitive in overseas markets.

Trade Minister Todd McClay says New Zealand will be pushing for the minimal number of changes possible to the original TPP agreement, something that the remaining TPP11 countries have agreed on. More>>

ALSO:

.

 
 

Gordon Campbell: On Why Labour Isn’t Responsible For Barnaby Joyce

As a desperate Turnbull government tries to treat the Barnaby Joyce affair as a Pauline Hanson fever dream – blame it on the foreigners! We’re the victims of the dastardly New Zealand Labour Party! – our own government has chosen to further that narrative, and make itself an accomplice. More>>

ALSO:

Rail: Greens Back Tauranga – Hamilton – Auckland Service

The Green Party today announced that it will trial a passenger rail service between Auckland, Hamilton and Tauranga starting in 2019, when it is in government. More>>

ALSO:

Housing: Voluntary Rental Warrant Of Fitness For Wellington

Wellington City Council is partnering with the University of Otago, Wellington, to launch a voluntary Rental Warrant of Fitness for minimum housing standards in Wellington, Mayor Justin Lester has announced. More>>

ALSO:

Treaty: Agreement In Principle Signed With Moriori

“The Crown acknowledges Moriori was left virtually landless from 1870, hindering its cultural, social and economic development. The Crown also acknowledges its contribution to the myths that the people of Moriori were racially inferior and became extinct." More>>

ALSO:

Susan Devoy: Call For Inquiry Into State Abuse Reaches UN

Race Relations Commissioner Dame Susan Devoy is in Geneva and has asked a United Nations committee to urge the New Zealand government to initiate an inquiry into the physical and sexual abuse of children and disabled people held in state institutions. More>>

ALSO:

(Not National): Cross-Party Agreement On Pike River Re-Entry

The commitment was signed this afternoon by the leaders of Labour, United Future, The Maori Party, and the Green Party and, together with the earlier commitment by New Zealand First, means that there is now a Parliamentary majority behind the families’ fight for truth and justice. More>>

ALSO:

Earlier:

 
 
 
 
 
 

LATEST HEADLINES

  • PARLIAMENT
  • POLITICS
  • REGIONAL
 
 

Featured InfoPages

Opening the Election