Coroner critical of police over shooting

Hawke's Bay was a witness to some of New Zealand's highest profile crimes and trials
during 2014. Court reporter Sam Hurley looks at the year's top 10 cases.

LACHAN KELLY-TUMARAE
At 2am on March 28, 2011, a barrage of gunfire woke the small community of Omahu. A stand-off between police and a "Mexican bandito" had just come to an end, but what remained were questions about what really happened.

In April 2014, a coroner's inquest was held to shed some light on the fatal shooting of Lachan Kelly-Tumarae, 19, who died in a 14-shot barrage of gunfire near a State Highway 50 marae cemetery, following a 14km pursuit from Napier after aiming a gun at police.

The police officer who shot Mr Kelly-Tumarae, known only as "Officer Six", was cleared criminally and was found to be justified in his actions by an Independent Police Conduct Authority (IPCA) investigation in 2013. Of the 14 rounds fired from the officer's Glock, four found their target.

During the inquest, the police officers involved were all hidden behind a shroud of secrecy with their voices digitally distorted as they gave evidence. But they all were adamant in their belief that they were about to die in a cross-fire when Mr Kelly-Tumarae, looking like "Mexican bandito" and armed with a shotgun, got out his vehicle, and created a "killing zone".

Officer Six described the pursuit and shooting during an emotional testimony: "I prepared and pulled up about 15m from the back of his vehicle. A patrol vehicle flew past me on the right and was only about 2m from Mr Kelly-Tumarae's car. I thought 'what are they doing'."

"[Mr Kelly-Tumarae] looked like he meant business and wanted to kill whoever was in the vehicle," Officer Six said.

"I'm going to see brains coming out the other side of the vehicle," the officer recalled thinking as Mr Kelly-Tumarae pointed the weapon at fellow police. "He looked down the barrel in a slow and calculated aim."

Officer Six, who is known to be an experienced officer, stepped out of the patrol car and shouted "armed police" before Mr Kelly-Tumarae turned to face him.

"The barrel was pointed in my direction and I thought he was going to shoot me."

Believing Mr Kelly-Tumarae was about to shoot, Officer Six fired "four to five" rounds at his target. "I thought, 'He's still standing and still facing me. I haven't hit him'."

The officer fired another five or so shots before Mr Kelly-Tumarae ran towards the cemetery, dropped his gun and collapsed.

"I wanted to dominate him, I wanted to be aggressive and wanted to go home that night," Officer Six said when justifying his actions. He said he felt his job was to protect the two officers.

The coroner's report called for police to review training protocol in relation to the verbal warning issued by armed police officers to armed offenders.

He was also critical of Officer Six, who shot Mr Kelly-Tumarae, referencing the Independent Police Conduct Authority report, which found he acted "on instinct rather than training".

He recommend that police review their training protocol in relation to the warning issued by armed officers to armed offenders.

Despite this, the coroner said the "causative factor" in the teenager's death was Mr Kelly-Tumarae's action in presenting and brandishing a firearm.".

Mr Kelly-Tumarae's grandmother, Narina Tumarae, told Hawke's Bay Today after the inquest that the truth remained hidden. "I question a lot of what they have to say. They wasted his life and a lot of it doesn't add up."