Inquiry could criticise police

Fuimoana with Halatau jnr, 18 months. Photo / Janna Dixon

An independent inquiry into the police shooting of courier driver Halatau Naitoko is expected to be highly critical of officers' actions.

The report, by retired superintendent Neville Matthews, will be presented to the inquest into the 17-year-old's death when it resumes next month and sources have told the Herald on Sunday that it will criticise police actions.

Naitoko was mistakenly shot dead by police chasing an armed offender on Auckland's Northwestern Motorway in January 2009.

The lawyer acting for Naitoko's family, Colin Pidgeon QC, has confirmed that the family is likely to sue police for compensation after the inquest is completed.

Pidgeon would not comment on what was in Matthews' report, but said the coroner wanted independent evidence as to whether the steps taken by the police were appropriate.

Pidgeon said it was possible the coroner might recommend the officer who shot Naitoko be prosecuted for manslaughter.

Naitoko was accidentally killed in his van by police shooting at Stephen Hohepa McDonald, an unemployed 50-year-old who had allegedly shot at officers during an hour-long chase. Three officers fired five shots at McDonald and Naitoko was in the line of fire.

Police Minister Judith Collins has declined to comment.

Naitoko's mother Ivoni Fuimaono is angry the officer who fired the fatal shot has not contacted her to say he is sorry. His identity and that of another officer is secret.

"I feel cheated that I still cannot talk to the person who shot my son," she said. "All I want is for that person, the one who shot Halatau, to actually say something. I mean all I have ever wanted was to talk to him to ask what happened."

The lawyer acting for the officer, Todd Simmonds, said the reason the officer had not met with the family was not out of lack of sympathy.

"The primary reason why no meeting has thus far occurred is that there is a genuine concern that revealing the identity of the officer concerned may well compromise the ability of that officer to continue to effectively participate as a member of the AOS," he said.

"A meeting at some point in the future remains a possibility but I cannot, and will not, make any promises in that regard. What I can say is that the officer concerned, and the police in general, have already expressed their sincere sympathies to Ivoni and her family for the tragic and unintended killing of Halatau."

It would have been Naitoko's 19th birthday on Wednesday.

Fuiamaono said not having him around for his 19th birthday was dreadful.

"I miss Halatau so much. Sometimes the pain is too much for me to bear.

She spent Wednesday morning at Halatau's graveside, and also visited the site where he was shot dead.

"I was [at the grave] for three hours. I sang Happy Birthday to Halatau. The sun was really shining. I told him that if he was still alive he would be working to earn money to support the family.

"I told him how much I missed him. Every day is so hard. Every day, maybe half the day or sometimes the whole day, I think of him."