Armour option disregarded by constable in Wallace shooting

By LIBBY MIDDLEBROOK

Constable Keith Abbott did not follow proper police procedure the night he fatally shot Waitara man Steven Wallace, a court heard yesterday.

Sergeant Fiona Prestidge told the New Plymouth District Court that a police manual outlined how officers were supposed to wear body armour in threatening situations where guns and other blunt weapons were involved.

But the sergeant, who was in charge of the Waitara station the night Mr Wallace was killed, said body armour was rarely worn as it was "very heavy" and could put police officers in danger in combat situations.

Sergeant Prestidge was giving evidence on the seventh day of a depositions hearing in the private murder prosecution against Abbott.

Mr Wallace had been on a window-smashing spree in the Taranaki town when Abbott shot him on April 30, 2000.

On the first day of the hearing, prosecutor John Rowan, QC, said the constable failed to consider all options - such as using pepper spray or a baton, and wearing body armour and a helmet - before shooting Mr Wallace.

But yesterday, Sergeant Prestidge said there were "pros and cons" in wearing body armour and most supervisors allowed officers to make their own decisions about whether to use it.

Body armour weighed more than 30kg and constricted movement.

Sergeant Prestidge agreed that police were supposed to fire warning shots vertically in the air and make every effort to prevent casualties.

The court has already heard evidence that Abbott fired a shot with his arm raised at shoulder level, before shooting Mr Wallace four times.

Under cross-examination by defence lawyer Susan Hughes, Sergeant Prestidge said Abbott was justified in shooting Mr Wallace.

Had she been in Abbott's situation, she would have shot the 23-year-old instead of trying to subdue him with pepper spray or a baton.

Waitara resident Keith Luxton told the court he thought Mr Wallace, who was yelling obscenities and walking towards Abbott in an aggressive manner shortly before being shot, had "devils in his head".

Mr Luxton, the owner of the Waitara Post Shop and Lotto outlet, said he feared for his safety and remained indoors with the lights turned off so Mr Wallace could not see him.

"I originally thought he [Mr Wallace] had a gun in his hand.

"That's why I told Thelma [his wife] not to turn the lights on."

Mr Luxton heard Abbott warn Mr Wallace not to come any closer shortly before shots were fired, but he did not hear Mr Wallace threaten to kill the policeman.

Mr Luxton believed the constable did not have any other option but to shoot Mr Wallace, who was walking briskly towards the policeman with a softball bat and golf club in his hands.

He said a sidewalk kerb prevented Abbott from going any further backwards.

Sergeant Robert O'Keefe of Waitara said Abbott had been working at the police station for about two months before the shooting.

He said the constable had an "excellent nature" and a "good relationship" with the Waitara community.

The case, filed by Mr Wallace's family, is the first of its kind against a New Zealand police officer.