Driver didn't need to flee

A 22-year-old man who died when his car crashed into a power pole on Oruru Road, inland from Taipa, after he failed to stop at a police checkpoint, would have had no major problems with the law if he had complied.

The Independent Police Conduct Authority, which found cause for criticism of the police before the crash that claimed the life of Luke John Bowman Yates, noted in the decision released last week that Mr Yates, who was the sole occupant of the car, had less than the legal alcohol limit in his blood (although he had consumed cannabis before his death).

Mr Yates, who died at the scene of the crash at about 3.40am on April 17 last year, had failed to stop at a compulsory breath test checkpoint on State Highway 10, accelerating away from officers along Oruru Road. Two officers in separate cars pursued him. According to the IPCA report, neither officer believed the circumstances fitted the definition of a pursuit because the Honda Civic was so far ahead of them, but the authority found that the actions of Officer A, who was the first car to follow the Honda, did amount to a pursuit.

Officer A "drove at speed, with her red and blue lights activated, but not her siren, to try and catch up with the Honda," the report said.

The officer, who said in her interview she had lost sight of the Honda as soon as she got into her car, sped up to 167km/h on a straight section of road, as she "thought it would be the only way to... catch up and see where he went, whether he ducked down a driveway, which quite often happens."

Officer B followed to provide back up, with sirens and lights activated, and was so far behind Officer A she was out of his sight.

Because neither officer considered it to be a pursuit, neither contacted the Police Northern Communications Centre.

Mr Yates crashed into the power pole about 2.3 kilometres from the checkpoint.

Officer A was 700 to 800 metres away at the time of the collision, and saw a large blue explosion. She braked to avoid hitting the power pole, but could not stop in time to avoid powerlines on the road.

Officer B then contacted NorthComms to advise of the crash and to get an ambulance and the power company to scene as soon as possible. As Officer A's car was surrounded by live lines, she remained in the vehicle for 45 minutes before she could get out safely.

Mr Yates died at the scene, as a result of severe neck and head injuries. The report said Mr Yates' car's warrant of fitness had expired and he had not been wearing a seat belt. It also had a manual transmission, which he was not licensed to drive.

The investigation found the officers did not fully comply with aspects of police policies relating to speed, on-going risk assessment, communications, and the option of abandoning the pursuit, those failures being "undesirable."

"Luke John Bowman Yates demonstrated by his actions that he was prepared to take risks to avoid being caught by police," the authority said.

"Officer A was justified in law, and under the fleeing driving policy, to take action to apprehend Mr Yates. Although Officer A did not believe she was engaged in a pursuit, in the authority's view her actions did amount to a pursuit, as defined in the fleeing driver policy. Officer A should have recognised that the fleeing driver policy applied, and should have complied with the policy requirements.

"Officer B should have also recognised that the fleeing driver policy applied to the situation, and should have ensured the policy was complied with."

Both officers had received remedial training in relation to the fleeing driver policy and the conduct and management of police pursuits.

The authority rejected claims by Mr Yates' family that he had crashed trying to avoid a third police car at the scene, and that Officer A rammed Mr Yates' car prior to the crash.

Neither of the officers were breath-tested following the crash, and while the authority said it had no reason to believe that either officer was under the influence, it recommended that the police develop a compulsory drug and alcohol testing policy for staff.

It also recommended that police officers working checkpoints be given a safety briefing at the start of their shift to ensure they are familiar with policies relating to fleeing drivers.