Police decision on shooting criticised

Press, 17 March 1982, Page 17

Police decision on shooting criticised

The decision by the police to take no further action on an incident in which a man was shot by a policeman at Kurow last week has drawn, ccmment from the Canterbury Council for Civil Liberties. The chairman of the council's legal committee, Mr M. J. Knowles, said the council was concerned. about two points.

"First, it is concerned because the use of firearms in law enforcement has been viewed reticently by the police, and second, because the decision to take no action in that the shooting was an accident appears to be a departure from previously careful and scrupulous attitudes adopted by the police which have kept the use of firearms to the background of law enforcement."

If the finding of the police investigation was that the shooting of the youth in the back was accidental, greater concern than that expressed by the police wouid have been expected, said Mr Knowles.

Detective Chief Inspector E. T. Mitten, of the Christchurch C. 1.8., concluded in his report that the shooting was acciental and said this had been substantiated by both the person shot and medical reports. His report was forwarded to the Deputy Commissioner of Police. Mr K. 0. Thompson. for a decision on further action.

Mr Knowles said there were provisions for the punishment of persons causing injury by "unintentional, careless, negligent or reckless conduct" in both the Arms Act. 1958. and the Crimes Act. 1961.

"It is not simply a question of whether the shooting was accidental but a question of whether it was an accident that should have happened, and whether the police officer was as careful as he might have been." The decision showed up the concrn felt by many people about the police investigating the behaviour of their own members, said Mr

Knowles. The Commissioner of Police, Mr R. J. Walton, has hit back at the Labour Member of Parliament. Mr F. D. O'Flynn, for demanding a full explanation of the Kurow shooting incident.

Mr O'Flynn had demanded a full disclosure of police inquiries into the shooting and said the public had lost faith in the inquiry procedure. Mr Walton said that Mr O'Flynn had "jumped the gun."

“We have not got the file at headquarters yet. and so we. cannot make a full explanation. He is criticising what has been said before we have made a statement." Mr Walton said Mr

O’Flynn would not have expressed a public loss of confidence in the inquiry system if he had known the procedure. Mr Walton criticised Mr O'Flynn for saying that the police had been evasive. The inquiry had been conducted by an experienced detective chief inspector to determine how the injury was suffered and if there had been any offence. "An appropriate decision” would be made once thereport was received. Mr Walton said. “It is uunfortunate that Mr O'Flynn had not waited for that stage before making his comment. In matters of public. interest. the public are always told the relevant facts. This case will be no exception."