Investigation underway after man shot dead during police stand-off in Hamilton. Video / Supplied
Despite a firearms officer having the “hairs raise on the back of her neck” after spotting shooting victim Joel Buckley at a buy-back event, the woman’s concerns were not directly passed on to her boss.
The firearms officer, who is yet to give evidence in a target="_blank">Hamilton inquest into Buckley’s 2021 death, also told a senior officer that the 42-year-old was “a man who would be very capable of harming a lot of people with a firearm”.
Buckley was shot dead by police in his car outside his O’Donohue St apartment in Hamilton after firing on them with his AK47-style firearm when they came to speak to him about claims he owned illegal firearms and had been threatening his estranged wife’s new partner.
An Independent Police Conduct Authority report into his death on July 14, 2021, found the fatal shooting was justified, but there were “significant” firearm licensing failures, including giving back a seized weapon to the shooter and not acting on earlier concerning behaviour.
Former Waikato district firearms unit boss Richard Plas told coroner’s counsel Chris Gudsell that he hadn’t been made aware of his colleague’s comments but added that there wasn’t a lot that he could have done with it anyway.
That was partially due to not wanting to “judge a book by its cover”, but also, to being careful about what was written in the NIA (national police database) as it can used as evidence in court proceedings.
Earlier, Genevieve Haszard, counsel for Buckley’s estranged partner, asked him whether he had been told about the firearms officer’s statements.
Plas said he hadn’t and it was instead reported to a senior sergeant in charge of the unit at the time.
In his statement, Plas said that up until 2018 the office had a “constant lack of staff for many years coupled with an intense workload”.
Given that situation, there were “some matters that have probably not been looked into as closely as they should have”.
However, after the Christchurch mosque shootings in March 2019, the number of staff was quadrupled.
Hamilton man Joel Robin Buckley was shot dead by police after he began firing at them using his illegally owned AK47 outside his O'Donohue St apartment in July 2021. Photo / NZ Police
‘The return of the firearm’
In 2019, Buckley raised concerns with the firearms unit about his estranged wife’s mental health, which saw him give their firearms to an unlicensed friend and Buckley handing in her firearms licence.
Plas said he looked into it and that Buckley gave a “reasonable” explanation.
“I thought he took this action with no intent to commit a crime.
“I believe that he was taking such steps due to his partner’s mental health.
“The firearm was [later] returned. There was nothing to indicate at the time that Mr Buckley would be a threat.”
He added that when the firearm was given back it was categorised as “A” and in a sporting stock configuration with a small firing capacity of seven rounds.
Police at the scene of the shooting in O'Donohue St, where Joel Buckley was shot and killed after a stand-off with officers. Photo / Mike Scott
Buckley later added a magazine to the firearm capable of firing 30 rounds.
Haszard questioned Plas about the circumstances of Buckley being able to hand back his former partner’s firearms licence by simply telling the firearms office that she had been treated for mental health.
“We didn’t necessarily confirm that it was just what Mr Buckley told us,” he said.
An aerial view of the scene on O'Donohue St outside Joel Buckley's apartment where he was shot dead by police in July 2021.
Haszard then clarified that the unit was happy to accept Buckley’s former partner’s firearms licence without checking with her, and also his giving their gun safe to a friend to look after who didn’t have a firearm licence.
“Does this office now still take the word of people?” she asked. Plas said he couldn’t comment as he didn’t work in the Waikato office any more.
However, when pressed again, Plas said there was “a big element of trust that [licence holders] will behave appropriately”.
Asked whether staff were not trained in family violence or dealing in power and control dynamics, Plas said they weren’t but agreed that it “could be well worth having such training”.
In questioning, Plas said that in 2019 a person didn’t need a firearm licence to buy a magazine from a gun shop.
“A person could go into a gun dealer and buy one over the counter and no questions asked, no permit required,” he told police counsel Jacinda Hamilton.
Also in 2019, police were not legally allowed to record the serial numbers of A category firearms in their NIA system.
Plas urged the inquest to remember Buckley was one of 24,500 firearms licence holders in the Waikato and 250,000 nationwide.
