Constable Abbott mistook Wallace for someone else, court told

By PAULA OLIVER

The constable who shot dead Waitara man Steven Wallace thought the offender advancing towards him was someone else and repeatedly used an incorrect name when he warned Wallace to put down his weapons, a court heard today.

Detective Constable Jason Dombroski, one of the two officers who confronted Wallace the morning he went on a window-smashing spree, today gave evidence in the fifth day of a preliminary depositions hearing for the private murder prosecution against Constable Keith Abbott.

Wallace was fatally shot by police in the early hours of April 30, 2000.

Detective Constable Dombroski told the New Plymouth District Court that Constable Keith Abbott called, "David what are you doing? It's me, Constable Abbott", as he attempted to calm Wallace shortly before he shot him.

Wallace took no notice of the warnings and continued to advance toward the constable, threatening to kill him.

Detective Constable Dombroski had been called into Waitara from New Plymouth. Shortly after arriving in the town with another constable, his patrol car was attacked by a golf club-wielding Wallace.

The manner of the attack and the demeanour of Wallace made Detective Constable Dombroski decide to get a gun, he said.

Asked by the prosecution's John Rowan, QC, if he considered using pepper spray or a baton, or collecting body armour or a helmet, he said: "I made all those assessments basically as soon as the offender was putting the golf club through our window and we were shooting backwards (in the car)."

Detective Constable Dombroski met Constable Abbott at the Waitara Police Station where they collected Glock pistols. The alarm was sounding at the station as they did so.

Constable Abbott forgot his belt, and had to return to get it.

After a quick discussion about "what a nutcase he appeared to be", the constables drove toward Wallace and got out of their car. They had no other tactical discussion.

Their intention, Detective Constable Dombroski said, was to get to Wallace and talk to him before he hurt somebody.

Detective Constable Dombroski drew his pistol and trained it on Wallace, shouting "armed police, put your weapons down". He had to twice move position when bystanders got into his line of fire.

Wallace made a beeline for Constable Abbott, who talked to him while moving backwards. After Wallace threw a golf club in his direction, Constable Abbott fired a warning shot above his head.

The court heard that Wallace, who was shouting threats, then became more purposeful.

"He didn't run at Constable Abbott, but it was a quite determined walk to get to him and kill him," Detective Constable Dombroski said.

Constable Abbott fired twice at Wallace when he was 3m away, then twice again. Wallace fell to the ground and the baseball bat he had been carrying rolled down the road.

Under cross examination from defence lawyer Susan Hughes, Detective Constable Dombroski said he had no doubt Wallace had murderous intent.

As an officer he had used pepper spray four times, and twice it had not worked. He was aware it did not work on highly motivated offenders, and considered Wallace to fit that description.

He said that even though the officers knew a dog handler was on his way, it did not justify them sitting at the police station waiting. Instead they had to get out and stop Wallace from hurting somebody.

The officers knew what they intended to do and had eliminated other options when assessing the situation.

He said riot helmets fractured when hit with a baseball bat, and body armour was cumbersome - weighing 30kg - 40kg.

He would have shot Wallace had he been in Constable Abbott's position, he said.