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AOS members will not face charges over motorway shooting

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Thu, 28 May 2009 12:00a.m.

Armed offenders squad members will not be charged over the death of a young courier driver caught in the crossfire during a police pursuit in January.

Officers were chasing Stephen Hohepa McDonald, 50, along the Auckland's North Western motorway on January 23 when 17-year-old Halatau Naitoko was accidentally shot by an armed offenders squad member.

Auckland City district police commander Superintendent George Fraser told Mr Naitoko's family yesterday that no-one would be charged over his death.

The decision had been made at the end of a lengthy and thorough homicide investigation, he said.

"The recommendations of the homicide investigation team were made in conjunction with advice from the police senior legal advisor and which were peer reviewed by independent senior legal counsel John Haigh QC."

The reasons for the decision have not been released.

The ruling comes as McDonald appears in Auckland District Court again today to face six charges, mostly firearms offences.

In total, he has been charged with 35 offences related to events leading up to and including the fatal motorway shooting.

The officers involved were told of the decision by their lawyers yesterday. They have all returned to work since the incident.

The Independent Police Conduct Authority investigation was continuing and the inquest into Mr Naitoko's death was still to come.

Aspects of the police investigation into the pursuit had yet to be completed, Mr Fraser said.

NZPA

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