The Government stamps its mark on a new era, Kaikohe tooth fairy fined for helping desperate locals and when gas demand could outstrip supply in the latest NZ Herald headlines.
Video / NZHerald
An Auckland police officer who admitted assaulting two teenagers after a lengthy police chase has won his bid for a discharge without conviction.
James Napier, 32, received glowing testimonials from colleagues, friends and family during his sentencing hearing in the Auckland District Court before Judge Quentin Hix onTuesday afternoon.
He earlier admitted two charges of common assault, carrying a maximum penalty of a year in prison, laid by police against the officer following a chaotic pursuit on May 7, 2022.
A group of teenagers in stolen cars led police on a chase up and down State Highway 1 starting at Takanini, heading as far south as Te Kauwhata and back through the city to its northern boundaries across the bridge.
They drove at a police officer, causing minor injuries, near the Pūhoi tunnels before they were forcibly stopped at Ōrewa.
The eight occupants exited their vehicle and were lying on the road when Napier left his police car, ran towards them and fell onto a 14-year-old, punching him three times.
He then punched another 14-year-old three times in the head. Neither victim was injured, the court heard.
His lawyer Todd Simmonds said Napier was sincerely remorseful and had pleaded guilty at the earliest possible opportunity. The charges were laid by police about a year after the incident.
“He accept, hence the pleas, that he got it wrong on the day,” Simmonds said.
“He is an outstanding young man. This is most out of character.”
James Napier, who has been in the police for about 10 years, was discharged without conviction for assaulting two teenagers following a chaotic chase across Auckland. Photo / Dean Purcell
Simmonds said the offending should be seen in the context of a lengthy and dangerous police pursuit, where a patrol car was rammed.
Affidavits from Napier and members of the Police Association said there was a real risk of dismissal if he was convicted.
“Those consequences should they arise would be out of all proportion to the gravity of the offending,” Simmonds said.
Prosecutor Robin McCoubrey, acting for police, did not actively oppose a discharge without conviction but said it appeared whatever happened, an employment process would inevitably follow for Napier.
Judge Hix, usually based in Christchurch, took the unusual step of asking Napier’s supporters in the public gallery to speak about his character. No victim impact statements were presented to the court.
A senior constable dog handler colleague of Napier’s said he had worked with him for several years.
“I wouldn’t be here if I didn’t think he was a top man,” the handler said.
Another constable who had served with him in patrol cars in Counties Manukau echoed those remarks.
“He’s had my back on a number of occasion,” said the constable.
Napier’s wife, a detective, spoke briefly about the challenges of policing and making decisions in the heat of the moment.
“James is the best person I know,” she said.
“We all make mistakes sometimes.”
His father said: “I know that James is a good man and it does surprise me we’re actually here in this situation today,” while his mother said he was honest and not given to violence.
Judge Hix, in sentencing Napier, said he acknowledged it was a fast-moving scenario.
The judge said he accepted Napier’s actions appeared to be motivated more out of a desire to defend himself rather than from any malicious intent, noting the victims were uninjured.
A conviction was likely to factor in to whether he would keep his employment, Judge Hix said.
He said he had come to the view a conviction would be out of proportion to the gravity of the offending.
Judge Hix said the character references offered by his supporters in court had helped sway his decision.
“If you didn’t have people batting for you then I may well have made a different decision.”
Napier was discharged without conviction on both charges.
Superintendent Shanan Gray said earlier, before Napier was named, that the officer was on restricted duties while the case was before the courts.
“The Independent Police Conduct Authority was notified at the time, and their investigation is still under way,” Gray said.
George Block is an Auckland-based reporter with a focus on police, the courts, prisons and defence. He joined the Herald in 2022 and has previously worked at Stuff in Auckland and the Otago Daily Times in Dunedin.
