KEY POINTS:
An Auckland police officer who fired a pistol during a swoop on a dangerous criminal has been acquitted of a firearms charge.
A jury in Auckland District Court took about two hours yesterday to find Constable Allan Windrum not guilty of careless use of a weapon during the
June 2004 police swoop on Zeke Lowe in suburban Remuera.
The Crown alleged Mr Windrum fired a Glock pistol at Lowe, a P addict police were treating as armed and dangerous.
It argued Mr Windrum was careless when he fired a shot as his colleague, Constable David Mayes, was struggling with Lowe inside a vehicle.
But the jury agreed with Mr Windrum's lawyer, Richard Earwaker, that there was reasonable doubt as to whether his client's use of the weapon was careless in the circumstances.
Mr Earwaker also argued that Mr Mayes was not in the car when Mr Windrum fired his pistol.
He said Mr Windrum was delighted with the verdict.
"He's very relieved and he's going to enjoy Christmas much more now that this is over."
Mr Windrum had not been stood down by the police while the prosecution proceeded.
He has spent much of the intervening period doing traffic work, which Mr Earwaker said he had enjoyed.
"It's always tough on police officers who are in the eye of the public. This has been a long process but Allan is pleased it has been resolved."
Mr Earwaker did not wish to comment when asked whether the case should have been brought to trial.
Mr Windrum was charged after the incident on June 16, 2004, when Lowe was captured.
Lowe had been on the run from police for three months when incident involving Mr Windrum occurred.
He was being treated as armed and dangerous because he had taken a firearm during a burglary beforehand and was possibly irrational due to an addiction to methamphetamine.
Mr Earwaker told the jury that after a car which Lowe was travelling in had been pulled over, Mr Windrum had pointed his pistol at the fugitive from beside the driver's door and tried to arrest him, after which Lowe had reversed the car with the door open to knock Mr Windrum over.
He said Mr Windrum fired a shot at Lowe through the rear window shortly afterwards - a shot that did not hit anybody - because all options other than lethal force were gone and the constable was fearful Lowe would get away and be a serious threat to fellow officers and Remuera residents.
The Crown had argued that Mr Mayes was in the car at the time the pistol was fired and had Lowe in a headlock.
Mr Earwaker said Mr Mayes had yet to get into the car at this time.
Mr Windrum did not fire a second shot because the rear window shattered and he could not see Lowe.
He then went towards the front, pepper-sprayed Lowe and later helped Mr Mayes and another constable, Lisa Magnusson, to arrest him.
Crown prosecutor Chris Morris did not wish to comment after the verdict.
- NZPA