The police watchdog has found officers acted professionally during a pursuit of a speeding driver, who took shots at them as he tried to get away.
The Independent Police Conduct Authority investigated the chase and arrest in Whangārei on September 2, 2020.
The driver, Jefferey Cassidy, later admitted shooting at police and driving offences, and was jailed for seven years.
However, he complained that during his arrest an unknown officer elbowed him in the face.
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The IPCA found the claim was unsubstantiated, as there was not enough evidence to determine if excessive force was used.
The watchdog’s inquiry found the first two officers were not justified in pursuing the car for speeding alone, despite clocking Cassidy driving 80kmh in a 50kmh zone.
It also found after a shot was fired and the chase initially abandoned, NorthComms should have directed an inquiry and the next two officers to the scene should have fitted front hard-armoured plates before following.
But it found police were reasonably to restart the pursuit after the car was spiked, because of the risks posed by Cassidy, despite him firing two further shots at police.
Authority chair Judge Colin Doherty said overall, the pursuit was managed professionally by the pursuit controller after he was shot at.
“This was a highly stressful situation for all officers involved and we acknowledge that the incident, overall, was well managed and ultimately resolved without serious injury or the loss of life.”
One patrol car’s headlight was damaged by the shots but no one was hurt.
The inquiry found police’s Auckland-based Eagle helicopter was unable to be deployed at the time.
It also found the driver tried to shoot at police several other times, but the rifle was believed to have malfunctioned.
Northland District Commander Superintendent Tony Hill also said it was fortunate no members of the public were injured as a result of the driver’s “reckless” actions.
Police will accept the full findings of the report, which showed how committed police were, he said.
“This was a dynamic and fast-evolving situation for the officers involved, who made it their priority to ensure that the matter was resolved safely, despite their own well-being put at risk in this incident.”
The judge who sentenced Cassidy said the officers feared for their lives while being shot at, and the effects should not be downplayed because they were members of the police.