KEY POINTS:
The fugitive shot at in a police operation which resulted in a constable facing a firearms charge relented yesterday and gave evidence in the case.
Zeke Lowe had earlier refused to give evidence at the trial in Auckland District Court of Constable Allan Windrum, who is accused of carelessly using a firearm during the swoop on Lowe in Auckland in June 2004.
But following a warning from Judge Michael Lance that he faced consequences if he did not testify and a word with his lawyer, Lowe gave evidence.
The Crown alleges Windrum fired a Glock pistol at Lowe, a P addict police were treating as armed and dangerous, while the fugitive was struggling with the policeman's colleague, Constable David Mayes, in a Toyota parked on Peach Parade, Remuera on June 16, 2004.
Windrum's lawyer, Richard Earwaker, argues his client's use of the weapon was reasonable, and that Mr Mayes was not in the Toyota when the pistol was fired.
Lowe told the court how he had been trying to avoid police for months before they caught up with him on June 16, and how he was lying in the back of his friend Debbie Spick's Toyota when she pulled over for police in Peach Parade.
When Ms Spick fell out of the car after dropping her handbag and while trying to restrain her dog, Lowe tried to get into the driver's seat and turn the ignition on.
Shortly afterwards he said he saw one policeman pointing a gun at him from the driver's seat, and as that was happening a second policeman pointed a gun at him from the front passenger's side.
The policeman by the passenger's door then got in and put him in a head-lock.
Lowe said he was trying to give up once the officer got inside the car and denied trying to drive the manual transmission car away, saying it might have got into gear to go backwards and then forwards during the "commotion". He said he didn't hear any shots go off.
Lowe on more than one occasion answered "next question please" when cross-examined by Mr Earwaker, and strongly denied that he deliberately had driven backwards to knock Windrum down.
When Lowe finished giving evidence a woman from the public gallery said "I love you, son" and was then escorted from the court by security guards after saying "this is all crap", continuing to yell as she was removed.
Two other officers, Mr Mayes and Constable Lisa Magnusson, told the court that Windrum was the policeman by the driver's door of the Toyota and Constable David Mayes the one who struggled with Lowe from the passenger seat.
Mr Mayes said he never drew his pistol but that while he held Lowe in a headlock his other hand was on the pistol as he did not want Lowe to grab the weapon.
He said that while in the headlock, Lowe drove forward into a parked car, then back into the police vehicle, then forward again, once more crashing into the parked car.
Mr Mayes then saw Windrum, who he had not seen since getting out of the car, move toward the driver's side to pepper spray Lowe. Shortly afterwards Lowe was handcuffed outside the car with the assistance of Windrum and Ms Magnusson.
He said he also did not hear any weapons being fired.
Ms Magnusson, who was driving another car, said that when she first turned into Peach Parade she saw Windrum pointing a pistol into the Toyota.
After focusing her attention briefly on Ms Spick, who was lying on the road with her dog, she then saw Windrum on the ground, though she did not see how he got there.
As she got nearer she saw Lowe tussling with Mr Mayes as the Toyota was ramming up against a parked car ahead of it, at which point she moved her car against the Toyota to stop it moving.
Soon afterwards she helped Windrum and Mr Mayes restrain Lowe.
Ms Magnusson said she did not hear any shots or see a gun fired but she did find an empty bullet cartridge behind the Toyota.
The trial before a jury is due to finish next week.
- NZPA
