Drink-drive death report 'cover-up', mother says

File photo.

A report on police handling of a drunk driver who killed three young people is a cover-up and police would not learn from their mistakes, the mother of a victim says.

Angela Chamberlain's son Paul Cowper, 21, was killed along with Rochelle Meads, 22, and Aaron Hurley, 22, when Raymond Hansen smashed into their van in Taranaki in July 2005.

The driver and another passenger were seriously injured as Hansen's car ploughed into the van on Normanby Bridge, State Highway 3, near Hawera.

Hansen was sentenced to nine years' prison after pleading guilty to three charges of manslaughter, two of drink-driving causing injury and one of dangerous driving.

The Independent Police Conduct Authority released a report yesterday criticising police actions that led to the crash.

It found Hansen was solely responsible for the fatal crash and police failings in attempting to stop him did not amount to misconduct or neglect of duty.

However, the report also found police had the opportunity to stop Hansen at a bar where his car was found shortly after a high-speed chase to stop him was abandoned.

Hansen had overtaken and been pursued by an unmarked police car about 30 minutes before the fatal crash, but the chase was abandoned because of dangerously high speeds.

Police found the car outside the Fat Cow bar in Hawera ten minutes later and placed it under surveillance using closed circuit TV cameras while they waited for Hansen to return to his car.

However, radio problems meant Hansen managed to get into his car and leave without being seen, going on to crash into the van.

Mrs Chamberlain said the findings of the report, released five years after the crash, had been a cover-up "right from day one".

"There should have been misconduct or neglect in there," she told the Taranaki Daily News. "They had every opportunity to get that guy out of the bar that night."

Police had waited for Hansen to leave the bar because they wanted another car chase in order to act like heroes, she said.

"They couldn't catch him coming into town so how the hell were they going to catch him going out," she said.

"Nobody has learnt anything from this and I'm so scared it could happen again."

Police had never apologised to her and "now it is too late", she said.

Mrs Chamberlain's lawyer, Rob Moodie, said the report had been kind to the officers involved.

It was "extraordinary" they did not know they could impound the vehicle and their surveillance arrangement was totally inadequate, which they must have known, he said.

"It was worse than failure to act responsibly, it was grossly irresponsible. Most police officers would tell you they would have stopped that driver from driving."

However, it was important that something positive came from the report and charging the officers involved would not solve anything, he said.

"What is important is that there's better understanding with police of their responsibility in these situations. As a result of the report I think police will be making sure this doesn't happen again."

The report would also help Mrs Chamberlain put the tragedy behind her, Dr Moodie said.

In her report, authority chairwoman Justice Lowell Goddard found surveillance set up to catch the driver was flawed as it allowed for the possibility that Hansen would get back into his vehicle and drive, a possibility that eventuated with fatal consequences, she said.

Police officers also failed to act responsibly when they decided not to go into the bar to seek the driver, wait close by his car, or have it immobilised.

They could have made inquiries in the bar with the aim of at least trying to identify and arrest Hansen at that point.

They could also have used legal powers to have his vehicle immobilised or towed away, or could have waited closer to his vehicle to ensure he was apprehended before he got into it.

"This was not a situation of a suspected intoxicated driver. Rather, it was a situation of a driver who had demonstrably driven dangerously and could be arrested for that offence," Justice Goddard said.

Police yesterday said officers dealt with difficult and stressful situations every day and made decisions based on unique circumstances.

"We have accepted that on this occasion the judgement was flawed and we have made sure we have learned from that.

"Officers are far more aware of their powers in terms of the Transport Act and if the same situation were to occur again today the emphasis would be on preventing the person getting back in to the vehicle, rather than catching them operating the vehicle."

Central police District Commander Superintendent Russell Gibson said it was "beyond tragic that three young lives were lost that night".

There was no question the officers acted with the best intentions, Mr Gibson said yesterday.

"But hindsight has shown that their judgement was flawed. We take full responsibility for those flaws."

Police had apologised to the families, he said.

- NZPA