Gordon Campbell | Parliament TV | Parliament Today | News Video | Crime | Employers | Housing | Immigration | Legal | Local Govt. | Maori | Welfare | Unions | Youth | Search

 


Force used in apprehending a fleeing driver was justified


Authority finds force used by Taupo Police in apprehending a fleeing driver was justified

The force used by Taupo Police officers on a male driver following a Police pursuit was reasonable and justified, in the circumstances they faced, an Independent Police Conduct Authority investigation has found.

The pursuit began just after 2pm on 3 July 2013 when an officer saw a late model Mercedes with no licence plates travelling along Palmer Mill Road in Taupo.

The officer activated his lights and siren, signalling the male driver to stop, but instead the driver, who had a female passenger in the car with him, drove off at speed on State Highway 5 towards Rotorua.

The pursuit continued as the driver hit speeds of up to 150-160kph in a 100kph speed zone on both sealed and gravel roads but was abandoned 17 minutes later when the officer lost sight of the Mercedes.

The officer continued to search for the vehicle and a second officer who was in the area assisted. At about 2:30pm the original pursuing officer located the Mercedes on Te Kopia Road and recommenced the pursuit. Police used road spikes at two locations during the pursuit in an effort to stop the fleeing driver.

When the vehicle finally came to a stop just before the second set of road spikes, the two officers parked their vehicles around the Mercedes to prevent the driver fleeing from the scene again. When the driver stopped one of the officers saw him lean over and kiss his girlfriend. At this point the officer was unsure whether the driver was saying goodbye or whether he was reaching for a weapon in the footwell of the car. The officer ran to the car, opened the driver’s door, grabbed him by the shoulders, pulled him from the car and took him to the ground.

It is at this stage in the incident when the driver alleges an excessive use of force by both officers, which included knee strikes to the back and the leg.

Independent Police Conduct Authority Chair, Judge Sir David Carruthers said the first officer’s extraction of the driver from the car, and the force used to arrest him, was reasonable and justified in the circumstances.

“The driver of the Mercedes resisted the handcuffing procedure and the officer was therefore entitled to use reasonable force to overcome this resistance.

“The use of force by the second officer to assist with the arrest process was also reasonable and justified in the circumstances.

“Both officers believed that the driver might be concealing a weapon, a fear that was justified after such a prolonged pursuit. As a result of the driver’s actions, in resisting arrest, the officers were left with little choice other than force that was used to successfully apprehend the fleeing driver,” Sir David said.

The driver was later charged with reckless driving, driving while suspended, failing to stop and failing to comply with a Police Safety Order in relation to this incident. He was convicted on all charges and sentenced to ten weeks imprisonment.

ends

© Scoop Media

 
 
 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

 

Spy Update: Appointment Of GCSB Acting Director

GCSB Chief Legal Advisor Lisa Fong will become the Acting Director of the Government Communications Security Bureau (GCSB) from 15 February 2016, Minister Responsible for the GCSB Christopher Finlayson announced today. More>>

Protests Close Roads: TPP Signed In Auckland

“TPP was signed by Australia, Brunei Darussalam, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, the United States and Viet Nam.” More>>

ALSO:

Emails Behind 'Diplomatic Immunity' Case: Whitehead Report Released

“As previously indicated the conclusions reached by Mr Whitehead’s investigation are not unexpected but they are very disappointing,” Mr Mccully says. “At the heart of the matter is a single email, along with procedural shortcomings, which gave Malaysian officials the impression it would be acceptable for Mr Rizalman to return to Malaysia." More>>

ALSO:

Gordon Campbell: On The Treaty/TPP Overlap, And Iowa

The fears about the ISDS provisions in the Trans Pacific Partnership deal are well-founded. The reality is that there is a sharp uptick in the occurrence of ISDS litigation in developed countries, and even the right wing likes of The Economist have been souring on the process for some time. More>>

ALSO:

Christchurch Red Zone Offers: Fresh High Court Proceedings

Grant Cameron, Solicitor for the Quake Outcasts said “the action seeks judicial review of the Crown’s recent decision to make a fresh offer to purchase properties from uninsured property owners in red zones. More>>

ALSO:

PM's Post-Cabinet Press Conference: Waitangi And TPP

Prime Minister John Key on Tuesday said his office has received an invitation for him to visit the Lower Marae on Waitangi Day, but was waiting for a meeting of the Te Tii Marae Trustees. More>>

ALSO:

Flagged: 'Wrong Colour' Bridge Flag To Change

NZ First: Only 13 days after National trumpeted its legally questionable flag on Auckland Harbour Bridge, it is now coming down because it is the wrong colour... “Mr Key’s latest flag fiasco is another waste of taxpayers' money. Given it is coming down, down is exactly the location where it should remain. More>>

ALSO:

School's In: Children Head Back To School

“Across the whole of this year we expect 61,820 five year olds will begin their primary schooling for the first time,” says the Ministry of Education head of sector enablement and support Katrina Casey. More>>

ALSO:

Dog & Lemon: FBI Disagrees With NZ Government Over Police Chases

Multiple studies, quoted by the FBI, show that once suspects realise they're no longer being chased; they tend to slow down to normal driving speeds and therefore become far less of a risk. The FBI report also categorically rejected the argument that abandoning police chases meant ‘giving in’ to offenders. More>>

ALSO:

Get More From Scoop

 

LATEST HEADLINES

 
 
 
 
 
 
 
 
 
Politics
Search Scoop  
 
 
Powered by Vodafone
NZ independent news