Coroner: Police actions 'justified' in motorway shooting

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Tue, 23 Aug 2011 4:28p.m.

The partner of Halatau Naitoko (L) attends his funeral (NZPA file)

The partner of Halatau Naitoko (L) attends his funeral (NZPA file)

A coroner has released his findings into the death of a courier driver shot by police during a police pursuit of a gunman.

Halatau Naitoko, 17, was found to have been shot accidently after being caught up in the chase on Auckland's Northwestern motorway in 2009. Police were trying to apprehend gunman Stephen McDonald.

The case gripped the nation - as the victim’s family demanded answers from police over the senseless death.

Coroner Gordon Matenga said today that the shooting was a tragic incident.  

"Even though the Police actions are justified, accidents can still happen, with tragic consequences. 

“A number of lessons have been learned from this sad event."

Mr Matenga says the right of police to carry firearms comes with great responsibility and says the Coroners Court has the right to scrutinise police use of firearms.

Assistant Commissioner Allan Boreham said the officers involved were very effected by the shooting.

"Police deeply and sincerely regret the accidental shooting of Mr Naitoko and our sympathies are with the family," he says.

Mr Boreham says the situation was complex but the officers acted with courage and determination.

"Police were dealing with an armed, mobile, unpredictable, drug fuelled offender who had threatened several members of the public and police with a firearm and had further shot at police officers and at the Police Eagle helicopter. There was a very real threat to public safety.

"The police officers put themselves in the line of fire to stop Mr McDonald."

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Comments

24 Aug 2011 11:28a.m.

jan wrote:

the police are above the law. this was a trained AOS cop, if he couldn't shoot straight then why the hell should all the other beat cops be armed? If an offender accidentally shot someone its murder but a cop? just a mistake. and hey i know you cops monitor these sites. so lobby your own people to behave better. i would sue the government or whatever we are left allowed to do. maybe that cop should be out of the AOS and back on the beat with no access to a gun again for the safety of the public.

24 Aug 2011 09:47a.m.

Brett wrote:

So easy to judge when your not there, your not there pursueing an armed and dangerous individual who had already shot at Police and posed a danger to the public. The officers were stuck in a bad situation where they ended up on the motor way and the offender turned and pointed his weapon at Police. They fired and were justified in doing so but unfortunately and sadly hit an innocent member of the public.

If the officers bullet had hit it's intended mark we'd all be saying one less scum bag to be worrying about wouldn't we!

The Police are often thrown into situations where no amount of training will prepare them for those jobs.

Just remember when something bad is happeneing people will be running away from it but the Police will be heading striaght for it to deal with it.

23 Aug 2011 11:53p.m.

cyril wrote:

The law states you must make sure your field of fire is clear. obviously in this case they didnt so therefore the officer broke the law.

23 Aug 2011 07:39p.m.

bukster wrote:

I accept that I wasn't there and cannot know exactly what happened. However, the armed offenders squad member should be the best of the best in terms of firearms proficiency. How the hell could this have happened?

23 Aug 2011 07:07p.m.

Andrew Harris wrote:

What a lot of nonsense. As a former government security employee I was surprised the officer and his direct report were not stood down. When you carry a firearm you are legally liable for its discharge. In this event, the officers declared they had insufficient training however proceeded to discharge. The officer concerned discharged his weapon with reckless and willful misconduct resulting the death of an innocent party. The basis of the aforementioned relates to the officers statements pertaining to weapon training. In a military court the officer would have been subject to a manslaughter charge yet in this instance the officers actions have all but been forgotten. Where are the recommendations from the Coroners office in relation to officer training et al to prevent further tragedy? Kiwi media should be ashamed as it should have pursued the law in this instance rather than be led by the Police Minister.

23 Aug 2011 07:05p.m.

Joe wrote:

Its easy to say that the police action were "justified" because it wasn't one of our love ones that had died.