Rotorua fatal police shooting: Shargin Stephens' aunt cannot accept ICPA's new findings

The grieving aunt of a Rotorua man fatally shot by police in 2016 still insists police could have disabled her nephew rather than "shooting to kill".

Shargin Stephens, 35, was Tasered, pepper-sprayed then shot near Redwood Shopping Centre in Te Ngae on July 14, 2016 after he threatened police and members of the public with a long-handled thrasher.

He died 12 days later in Waikato Hospital.

Now the Independent Police Conduct Authority has found "unreasonable and oppressive" bail checks on Stephens by police may have contributed to his actions that day.

A review, released yesterday, is the second the authority has done on the case, and was prompted by issues raised by family and media. It supported the 2017 review's finding that the officer was "legally justified" in shooting Stephens in "defence of himself and members of the public".

It found no evidence of police allegedly manipulating footage from the shooting, finding that seven seconds missing from a Taser camera was most likely a technical fault in the apparatus.

But the authority has recommended police make changes to its bail monitoring regime after finding the frequency of bail checks on Stephens was "excessive and unreasonable".

Stephens was on electronically monitored bail at his home. Police checked on his compliance with conditions not to use alcohol or drugs 70 times over 38 days - sometimes more than once a day and overnight, despite no records of any bail breaches.

Rotorua resident Shargin Stephens, 35, died after being fatally shot by a police officer in 2016.

Authority chairman, Judge Colin Doherty said: "At the time of this incident there were no guidelines or expectations in police policy or practice setting out the expected or reasonable frequency of bail checks.

"Crucially there was (and still is) no oversight or supervision of the frequency or reasonableness of bail checking.

"The unreasonable and oppressive frequency of bail checking may have contributed to Mr Stephens' views of police and the actions he took on 14 July, 2016.

"However, the fact that unreasonable police prior actions probably contributed to events does not justify Mr Stephens' specific actions at the time."

Irihapeti Theodore, 75, one of Stephens' aunts who lives in Rotorua, said the findings had brought terrible memories of what happened to her nephew "flooding back".

"I still cannot understand why the police shot Shargin as he was not a violent boy despite what the report says he did that day.

"It's unbelievable to me that the ICPA can say that the police officer was justified in fatally shooting my nephew when they could have disarmed him rather than shooting to kill.

"Any person would get really upset and uptight being checked that many times a day, wouldn't you? Especially when there was no evidence of him breaching his bail conditions."

Irihapeti Theodore and Irihapeti Wineera mourn their nephew Shargin Stephens in 2016. Photo / Ben Fraser

Theodore said her nephew worked in the kiwifruit sector and even his boss was "really upset" when told how often police were doing bail checks.

"What the police say Shargin did that day doesn't match with the boy I knew. He used to come and bring us kiwifruit, vegetables and other food. He had a very good heart."

She said her nephew paid for and erected his mother's headstone after she died of cancer. He and his older brother were buried beside her.

The authority recommended that police undertake a fundamental review of all aspects of bail checking both at district and national levels.

This included having an appropriate mechanism to oversee bail checks undertaken at a frontline, district, and national level.

Bay of Plenty District Commander Superintendent Andy McGregor acknowledged the findings and said a review of bail check processes had already begun in line with the recommendations.

"No officer ever wants to shoot someone, this is the last outcome anyone wanted.

"When an officer uses force to protect themselves or others, it is a tactical decision made after risk assessing the threat, the exposure to harm being faced, the necessity to act, and the best response considering all those factors.

"Staff made repeated efforts to stop Mr Stephens and de-escalate the situation but were unsuccessful."

McGregor said police dismissed any allegations that police purposefully manipulated footage of the event.

"Police recognises that the use of force is a significant power granted to us and we police with the consent of the public.

"Our staff are deeply affected by these incidents, and I want to commend the professionalism of the staff who responded to this incident which, as the authority notes was fast-paced and took place in a busy urban environment."