Police breached pursuit policy - IPCA

The damaged car is taken from the scene in Beach Haven. Photo / Brett Phibbs

Police policy was breached multiple times during a pursuit where an officer was hit and seriously wounded by a drug-affected fleeing offender, a report has found.

Convicted criminal Sheean Heta, who was high on methamphetamine, struck the 23-year-old officer as he laid road spikes during the pursuit through Auckland's North Shore on March 24, 2009.

The chase ended when Mr Heta drove his car off a wharf in the suburb of Beach Haven.

An Independent Police Conduct Authority report released today found a pursuing officer seriously breached policy when he ignored two orders to abandon the chase.

The report by Justice Lowell Goddard also found officers did not adhere to rules governing the use of road spikes in pursuits.

"Whilst the determination of the officers to apprehend the occupants of the vehicle is understandable, the outcome of their uncoordinated actions was serious bodily harm to Officer C," it states.

The pursuit began when Mr Heta's white Ford Fairlane was pulled over by a police dog handler titled 'Officer A' at about 3.47am in Albany.

Mr Heta sped away as Officer A closed in on his car.

A police controller ordered Officer A to abandon the pursuit when he reported Mr Heta's car was driving through suburban streets at speeds of about 115km/hr.

He did not acknowledge or comply with the order, instead asking the controller if he had misheard the reported speed as 150km/hr, the report said.

Another two officers, titled Officer B and Officer C, set out to stop the fleeing car by laying road spikes across two lanes of the five lane Esmonde Rd motorway access.

Mr Heta swerved sharply into Officer C as he neared the spikes.

The officer suffered mild traumatic brain injury, a dental injury and many cuts, grazes and bruises.

An order to abandon the pursuit was again issued to Officer A after his fellow officer was hit.

Despite acknowledging the order on the third time it was repeated, he did not abandon the pursuit, the IPCA found.

Mr Heta's car, which had lost a tyre on the road spikes, was driven off Beach Haven wharf soon afterwards.

One occupant was arrested at the scene and three more were arrested within two weeks.

Report findings

Justice Goddard's report said Officer A's refusal to abandon the chase was "unjustifiable" and a serious breach of police policy.

It said Officer B and Officer C chose an unsafe location to deploy road spikes and failed to get an update on the offender's speed.

That danger was elevated by the fact Officer C was not wearing a reflector vest, it said.

A police controller was also reprimanded for not taking control of the situation.

The report recommended the officers' failures be addressed as performance issues and that they be given "refresher training" where appropriate.

Waitemata Police District Commander Bill Searle said he accepted uncoordinated actions of pursing police were a factor in one of his officers being wounded.

But much of the blame must be laid on Mr Heta, who was later convicted of six criminal offences and sentenced to seven years in jail, he said.

"These included Aggravated wounding, Failure to stop or ascertain injury after a crash, Dangerous driving, Failing to stop for red and blue flashing lights, Driving while disqualified. He pleaded guilty. He was convicted and sentenced to seven years imprisonment. Three passengers who were in the fleeing vehicle were also charged with serious offences,"

Internal "performance measures" for the officers involved in the pursuit were under way, said Mr Searle.

The officer injured in the pursuit has since returned to full duties, he said.