Shargin Stephens, 35, was shot twice in the stomach by a police officer on Te Ngae Rd on July 14, 2016. Video / Ben Fraser
Bail checks on a Rotorua man who was later fatally shot by police in 2016 were 'excessive and unreasonable' an Independent Police Conduct Authority review has found.
However, the review still found that the police officer was justified in shooting the man.
In July 2017, the IPCA published a report on its independent investigation into the fatal shooting by police of Shargin Stephens on July 14, 2016.
The original investigation found that a police officer was legally justified in fatally shooting Stephens after he threatened police and members of the public with a long-handled slasher on Te Ngae Rd.
In June 2021, the authority started a review of its investigation after issues were raised in the media and by representatives of Stephens' family.
The review findings have been incorporated into a new report containing the IPCA's full analysis and findings, some of which are new or different from the original 2017 report.
Shargin Stephens. Photo: RNZ/Vinay Ranchhod
While the latest review still found that the police officer was justified in shooting Stephens, it found the number and frequency of bail checks was "excessive and unreasonable in the circumstances."
At the time of this incident, Stephens was on electronically monitored bail at his home and police still regularly checked him for other bail conditions, namely, not to consume alcohol or drugs.
The reports stated: "There was no reason for police to check Mr Stephens at his house as he was being electronically monitored, and there was no evidence he was breaching his bail conditions."
The 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."
Police records show Mr Stephens was checked 70 times over 38 days, often on multiple occasions each day and overnight. There were no records of Stephens breaching his bail conditions.
Stephens' family complained about the frequency of the bail checks and alleged that camera footage of an officer's taser had been manipulated by police to remove a vital section covering the shooting.
"We are satisfied there is no missing footage. There are seven seconds which are not captured on the Taser camera, most likely due to a common technical fault in the apparatus," the IPCA report stated.
The authority has recommended that police undertake a fundamental review of all aspects of bail checking, making specific provisions for:
• Clear ownership of bail policy, practice, and procedure within Police, both at District and National levels, including development of a deployment model for bail checking. • Guidance to officers of what constitutes reasonable bail checks (in terms of content, timing, and frequency). • An appropriate mechanism for oversight of bail checks being undertaken at a frontline, district, and national level. • Clarity of purpose of Police bail checks when a person is on electronically monitored bail. • Criteria set out for how offenders are prioritised for checking.
Bay of Plenty District Commander Superintendent Andy McGregor today acknowleged the findings saying a review of their bail check processes had begun as per the IPCA's recommendations.
"No officer ever wants to shoot someone, this is the last outcome anyone wanted," he said.
"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 acknowledged the ICPA's findings that there was no missing footage, and that the number and frequency of bail checks were excessive and unreasonable.
"Police dismisses any allegations that police purposefully manipulated footage of the event. Police recognises that 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 staff who responded to this incident which, as the authority notes was fast paced and took place in a busy urban environment."
