KEY POINTS:
Police have expressed their sorrow after confirming an armed officer shot dead an innocent 17-year-old on an Auckland motorway on Friday.
The admission came yesterday as the investigation into the death of Halatau Naitoko was upgraded to a homicide inquiry, with 35 officers investigating.
The young courier driver was killed after being caught up in the final moments of an hour-long police chase that saw officers pursuing a 50-year-old through suburban streets before stopping him on the Northwestern Motorway, a few minutes' drive from the city centre.
During the pursuit, which began in the West Auckland suburb of Glen Eden, the man switched between three stolen cars and, according to eyewitnesses, fired shots at police and the police helicopter.
The man, who has been charged with two offences, , one driving and the other firearms-related, was attempting to take yet another vehicle when he approached the courier van used by father-of-one Halatau.
A flurry of shots from two police officers and the man followed, leaving Halatau dead.
The 50-year-old suspect received shrapnel wounds and underwent surgery yesterday morning. He remains under guard in Auckland Hospital and is expected in court tomorrow.
Author and police historian Susan Butterworth told the Herald on Sunday last night it was the first time an innocent bystander had been killed by police in New Zealand.
The officer leading the investigation, Detective Inspector Peter Devoy, said Halatau was killed "by a single entry wound into the chest".
Auckland's Assistant Police Commissioner Steve Shortland said four shots had been fired from the M4 rifle the fatal bullet came from.
Shortland told a press conference yesterday afternoon the suspect's sawnoff .22 rifle had one shell in the bridge, indicating a shot had been fired. Eyewitness accounts that he was firing repeatedly were being investigated.
Shortland said the investigation could take months and it was too early to say if the officer who shot Naitoko would face charges.
He was supportive of his officers' actions and said police had a responsibility to end the "rampaging gunman's attempts to hijack two vehicles, possibly take two hostages on the motorway".
He said he had not yet spoken to either of the two officers who may have fired the fatal shot but "I should imagine they're feeling particularly upset".
Acting Police Commissioner Lyn Provost last night expressed her deep regret over Halatau's death.
"This is an absolute tragedy. Police all round the country are saddened by the outcome of yesterday's events. On behalf of all our staff, I'd like to extend my sympathy to Mr Naitoko's parents, family and friends on the loss of a much loved young man."
Provost promised a "robust investigation" led by an out-of-district detective inspector. The Independent Police Conduct Authority is carrying out its own inquiry.
The police admission came amid criticism from an eyewitness to an early part of the chase, who said he saw the 50-year-old drive through a roadblock as officers chatted.
Len Johnson said he saw the gunman running from house to house in Glendale Rd, Glen Eden, apparently looking for a vehicle to steal.
After taking a dark 4WD he said the offender drove away fast and past two police cars.
Police Minister Judith Collins will receive a briefing from Provost tomorrow and had kept Prime Minister John Key informed.
Key offered his own sympathies to the family and promised a thorough investigation.
