Policeman Who Fired Pistol Discharged Without Penalty

Press, Issue 32333, 26 June 1970, Page 24

Policeman Who Fired Pistol Discharged Without Penalty

(New Zealand Press Association) WELLINGTON, June 25. A Wellington detective has been discharged without penalty by a police disciplinary tribunal on a charge of breaching Police Regulations on the use of firearms. The charge arose from an incident in the early hours of April 23, when the detective fired a pistol in Riddiford Street, Newtown, in an attempt to stop a wanted car.

The hearing was held in Wellington on May 19 before a retired Christchurch Magistrate, Mr E. A. Lee, whose decision was released today by the Commissioner of Police (Mr W. H. A. Sharp).

The detective has not been named.

However, he was found guilty on a second charge of failing to report in writing the circumstances which necessitated the use of the firearm. Mr Lee, noting that it was a technical offence, recommended he be fined—and the Commissioner of Police today imposed a fine of $lO. “Strict Rules” “Attempts by the use of firearms to stop persons driving dangerously or in converted cars could never be approved except in circumstances provided for by the regulations, and the general instructions as to the use of firearms,” Mr Lee said, in his decision. “Officers entrusted with firearms are governed by strict rules as to their use. and must at all times be careful to observe the restrictions. “But I do think the events

of this night justify me in taking a more lenient view of this offence than I otherwise would —and he will be discharged without penalty." Mr Lee described a highspeed chase through Wellington streets after a Valiant car was seen crossing an intersection against a red light, its actions suggesting it could have been converted. The speed of the car increased to an estimated 80 miles an hour, but near an intersection the brake lights came on and the car swerved across the road apparently out of control. Well-Known Criminal

“The patrol car, which was not equipped with either a siren or a flashing light, drew up to the Valiant, which slid towards the patrol car with smoke coming from the rear tyres, and came to rest inches from the patrol car,” said Mr Lee. “The officers went immediately to the Valiant. The constable shouted to the driver to get out The passenger appeared to be either drunk or asleep. “The detective opened the driver’s door, and immediately recognised him as a well-known criminal, with whom he had had dealings. He could not then remember his name, but said in his evidence that the driver was known to be a person who was dangerous, and would carry firearms.

“The two officers were then standing behind the open door of the Valiant. The driver started the car and reversed —with the engine racing and the rear wheels spinning—in an apparent effort to knock down the policemen. Shot Into Air “Both jumped out of the way. The detective drew his revolver and said: ‘Stop, or I’ll shoot the tyres off.’ “The car then started forward again with the wheels spinning and was driven directly towards the officers. “The detective raised the revolver and fired a shot into the air, but the car swerved away, and was driven off at high speed with the rear sliding from side to side. “It went round the corner into Roy Street on the wrong

side, at such a speed that the constable thought it would be almost out of control," Mr Lee said.

They attempted to follow the car, but it was not seen again till 1.20 a.m. Other patrols had been alerted, and the car was finally stopped. . “At this time it was being driven by the person who was previously the passenger, but the original driver was a person who was charged with driving while disqualified, dangerous driving, and unlawful conversion of the Valiant,” Mr Lee said. “He has previously appeared before the courts on 55 different charges including burglary, car conversion, housebreaking, theft, threatening to kill, forgery, assault, and assaulting, resisting and obstructing the police. He has 18 times been sentenced to imprisonment, for terms from a month to four years. “Since the incident, he has been found guilty in the Supreme Court of the charge of car conversion, and pleaded guilty in the Magistrate's Court to the charges of dangerous driving and driving while disqualified.”

After reviewing the facts of the incident in Newtown—in which Mr Lee noted there had been “complete and reckless defiance" by the driver of the Valiant, and the discovery that he was a well-known criminal with a reputation for violence and had attempted to knock both officers down by reversing at speed—Mr Lee said:

“The detective had only a moment to decide what to do to protect himself and to try to stop the driver—and he fired a shot in the air. I doubt if he had time to consider the rights and wrongs of this. That in the circumstances it was a breach of the general instruction I am quite convinced, but it was an understandable if not excusable breach."

The detective had reported by radio to a senior-sergeant that he had fired a shot, and would make a full report when he returned to the station. However, by the time he returned the seniorsergeant had been taken ill and gone home, and the detective failed to make the report required by Police Regulations.