Waitara police shooting inquest cleared by judge

The Chief High Court Judge has ruled that the inquest into the police shooting death of Waitara man Steven Wallace should go ahead.

Justice Anthony Randerson, in a written reserved decision released yesterday, said no grounds had been established for him to review coroner Gordon Matenga's decision to restart the inquest nor his decision to limit it to two issues.

Senior Constable Keith Abbott was acquitted of a private murder prosecution brought by the Wallace family after shooting the 23-year-old man on Waitara's main street on April 30, 2000.

The constable said he was defending himself from Mr Wallace who had attacked an occupied police car and was then advancing on him armed with a bat.

After the trial, Mr Matenga decided it was necessary to restart the inquest, but said it was not a chance to re-litigate the criminal proceedings.

He limited the inquest's scope to two issues: police policy and procedure as it applied to general staff in dealing with violent offenders, and first-aid care, including the actual care given in the Wallace case.

Mr Matenga also ruled it was unnecessary to hear again from witnesses who had already given evidence during the trial, and instead he would consider their transcripts and case exhibits.

He also called on the Wallace family to provide a list of witnesses and evidence briefs from those they intended to call.

In February, the High Court at Wellington heard submissions from Mr Abbott's lawyer, Susan Hughes, to have Mr Matenga's coroner's decision reviewed.

The constable, with the support of the Police Commissioner, wanted the long-delayed inquest decided on evidence already given during the private prosecution.

The Wallace family, represented by lawyer Ron Mansfield, also filed papers seeking a judicial review.

He submitted the coroner had no right to limit the scope of the inquest and should consider all matters relevant to the circumstances of death.

Justice Randerson said yesterday he acknowledged the anguish and distress the incident had brought to the Wallace family, and to Constable Abbott and other officers involved. "The coroner must now be permitted to fulfil his duty and to bring this matter to a conclusion as promptly as the circumstances will allow."

- NZPA