Wallace family unlikely to act further on shooting

Steven Wallace was shot dead by police in Waitara nearly nine years ago. Photo / Greg Bowker

The lawyer for the family of Steven Wallace, shot dead by police in the Taranaki town of Waitara nearly nine years ago, says they probably will not be able to take the matter any further.

Yesterday the Independent Police Conduct Authority issued a report vindicating the actions taken by all the officers who responded in the shooting of Mr Wallace.

"We'll review it (the report), but there's nowhere we can really go in relation to the authority's decision," the family's lawyer Ron Mansfield said today.

He told Radio New Zealand that the authority had investigated, and released its decision.

"Lawyers aren't involved in it, there's not a hearing, there's no right of appeal," Mr Mansfield said.

Last night Mr Wallace's mother, Raewyn, said she would examine her options following the report.

"This is just another police cover-up," she said.

She was critical of police policy which allowed the officer who shot her son to use firearms despite a victim impact statement which she said showed he was traumatised after being shot at in an armed robbery in 1991.

The IPCA said there was no evidence Senior Constable Keith Abbott was suffering post traumatic stress disorder at the time of Mr Wallace's shooting.

Mrs Wallace was also bitter about there being no breath or blood-testing of police officers when they had been involved in incidents such as police shootings.

"They can say he wasn't drinking, I can say he was, but there is no test to prove it. They are still not doing the test now," she said.

Mr Mansfield said the report was different to the coroner's findings and in that regard he did not agree with it.

"I certainly accept that (IPCA chairwoman) Justice (Lowell) Goddard has done her best on the information she has.

"But she's looking at police misconduct, she's not looking at police mishandling, and her summary of the facts, in my opinion, describe police mishandling ... of course the coroner came to that very conclusion."

Mr Mansfield said that the coroner had concluded that the police collectively and individually demonstrated poor decision-making and a lack of leadership.

Police Association president Greg O'Connor said police had much sympathy for the Wallace family.

He said he thought the matter became politicised very early.

"I think there were people using Mrs Wallace's grief for their own political purposes," he said.

Mr O'Connor described the report as "very good".

"It's a real shame we didn't get this report about three months after the shooting. It could have saved everyone a lot of time and grief," he said.

"While some things could, with the benefit of hindsight, have been done better, the IPCA investigation clearly shows the decisions taken were good decisions, given the circumstances as the officers perceived them at the time," Mr O'Connor said.

The IPCA cleared police of any misconduct over the shooting of Mr Wallace by Mr Abbott after the 23-year-old had gone on a rampage in the Taranaki town of Waitara on April 30, 2000.

"This is the final chapter in an incredibly and unnecessarily long series of investigations into the shooting of Steven Wallace by an officer acting in self-defence," Mr O'Connor said.

The report also addressed head-on the untrue rumours and misguided criticisms levelled over the years and refuted each of them in turn, including some of the "unwarranted" criticisms made by coroner Gordon Matenga in his 2007 report into the incident, Mr O'Connor said.

IPCA chairwoman Justice Goddard recommended mandatory drug and alcohol testing for officers involved in critical incidents.

She said it would be of considerable benefit to police and would indicate a willingness on their part to ensure accountability.

Police Commissioner Howard Broad said his executive was developing policy on drug and alcohol testing.

"Justice Goddard's comments will add impetus to our work on drug and alcohol testing," he said in a statement.

Mr Broad said the range of investigations and legal proceedings since Mr Wallace's shooting had placed incredible pressures on the police officers and the families of all those involved.

"I hope this last official review, and the clarity its findings provide, allows this difficult chapter of our history to be closed.

"Justice Goddard's findings reflect that our staff acted appropriately, and in accordance with their training and policy, when dealing with a rapidly changing and difficult situation."

- NZPA