By Dan Satherley
A police officer driving an unmarked car in a fatal pursuit in 2010 reached speeds that were not justified, the Independent Police Conduct Authority has ruled.
Api Kao Aue, 33, died on the night of December 4, 2010, after he lost control of the Subaru Impreza he was driving, colliding with a steel signpost near the corner of Kirkbride and Ascot Roads in Mangere, Auckland.
His two passengers were seriously injured.
A passenger spoken to by police said all three of the car's occupants – including the driver – had been "drinking heavily".
He told police he had asked Mr Aue to slow down, but Mr Aue had responded by turning up the stereo.
He says at no time did anyone in the car mention the presence of the police car.
The pursuit was initiated when police saw the Subaru exceeding the speed limit, failing to indicate and driving on the wrong side of the road.
A couple of minutes into the pursuit, both vehicles were travelling in excess of 100km/h. Police briefly considered abandoning the pursuit, but the fleeing vehicle then spun out and hit the signpost.
The officer in the passenger seat of the unmarked car had just told the police dispatcher their current speed was 150km/h.
“I remember thinking when I informed comms of our speed, it was a bit quick,” the officer told the IPCA.
The other officer – the one behind the wheel – however said he "felt at the time that this speed was still safe [to] maintain in the circumstances".
The top speed of approximately 150km/h was reached only for "a relatively short time prior to the crash", reports the IPCA.
Although the pursuit was justified, the IPCA said the speeds reached by the police vehicle were not because:
- the speed was two and a half times the legally prescribed limit for that stretch of road;
- the pursuit route was through a semi-residential area and was heading towards a major intersection and a busy area of Mangere;
- there was a medium level of traffic on the roads as well as some pedestrians; and
- while visibility on the road was good, the pursuit took place at night, placing additional pressure on a driver’s ability to react to potential hazards.
Aside from the brief period where the police vehicle reached 150km/h, the pursuit was conducted in accordance with police policy.
Mr Aue was later found to be over twice the legal alcohol limit.
The IPCA has recommended the officer be reminded of the risks of pursuing fleeing drivers at such a high speed.
3 News