A man caught up in a shootout between police and a man on a crime rampage, in which an innocent man was fatally shot, is suing police.
Richard Neville is suing the force for gross negligence and mental trauma after the incident on Auckland's northwestern motorway in 2009, the New Zealand Herald reported today.
Courier driver Halatau Naitoko was killed in crossfire by a police marksman during the shootout with Stephen Hohepa McDonald.
Mr Neville was also hit by shots fired by police and said he was left with about 200 lead and copper fragments in his left arm and upper chest.
The 42-year-old said he felt he had no choice but to take a civil case against the police and papers will be lodged in the High Court at Auckland next month.
His lawyer, Nicholas Taylor said Mr Neville was also considering laying criminal charges against the officer who harmed him.
A spokesman for Police Minister Judith Collins said it was inappropriate to comment if there was pending legal action. Police National Headquarters would not comment while matters were before a coroner.
Mr Neville said the injuries had impacted heavily on his quality of life. He also felt the officer who shot him should "man up" and apologise.
He said the bullet caused blood clots in his ears and now has to wear hearing aids.
He has trouble sleeping, his arm is too damaged for him to return to his career as an artist and blacksmith and he's consulted psychologists over the trauma.
There was also a concern about any poisoning he might still suffer from, from the metal still stuck in his arm and were too close to nerves for surgeons be able to retrieve.
"The hand surgeon said I look like a banana cake, full of black seeds."
NZPA