Whangārei police justified in pursuing car after driver shot at officers, IPCA finds

Police were justified in recommencing a pursuit of a vehicle after the driver shot at police. Photo / NZME

Police were justified in pursuing a car through Whangārei whose driver shot at officers, the Independent Police Conduct Authority has found.

The incident began shortly after 11.30pm on September 2, 2020, when police pursued a speeding vehicle in Kiripaka Rd.

The pursuit was abandoned after the shots were fired from a rifle out of the driver's window. It was then followed at a safe distance and spiked.

But the driver, Jeffrey Cassidy, did not stop, and Senior Constable Peter Kinane became concerned when he saw the dark-coloured car was driving with no headlights on towards oncoming traffic.

Kinane, a dog handler, turned on his flashing lights to warn oncoming traffic and informed the pursuit controller.

The pursuit controller then gave instructions to recommence the pursuit.

As the car approached the roundabout at Riverside and Dave Culham Drives, the passenger of the fleeing car, Tama-Parei Himiona Parata, took the wheel.

Cassidy then leaned out the window and shot at the pursuing officer with a sawn-off .303 bolt action rifle.

The officer did not inform the police communications centre. Another shot was fired at him as the pursuit continued in Dent St, and he informed the communications centre he had been shot at.

Cassidy aimed his rifle at the officer several more times, but the rifle seemed to have malfunctioned.

The fleeing car eventually came to a stop in Tarewa Rd, where Cassidy and Parata were arrested.

Cassidy, who was drunk and had been forbidden to drive, said an officer elbowed him in the face after he was put in a police car.

He later pleaded guilty to charges related to his driving and firing a rifle at police, and was sentenced to seven years' prison.

The IPCA found that restarting the pursuit was justified, and there was not enough evidence to determine if excessive force was used against the driver.

"Overall, the pursuit was managed in a professional manner; the pursuit controller maintained good control and co-ordination of the situation on the ground," IPCA chairman Judge Colin Doherty said.

"This was a highly stressful situation for all officers involved and we acknowledge that the incident, overall, was well managed and ultimately resolved without serious injury or the loss of life."

Northland district commander Superintendent Tony Hill said police agreed with the IPCA findings.

"This incident demonstrates how committed our staff are to ensuring our communities are safe and feel safe.

"Police also acknowledge the IPCA's commentary that the pursuit was well managed in a professional manner with clear communication to all units involved."