Mate says Molenaar 'just snapped'

Jan Molenaar had respect for the law, says a friend.

Jan Molenaar asked police negotiators during his two-day shooting siege to let one of his childhood friends into his Napier house with two hamburgers.

Yesterday, Brett Herbert told an inquest into the deaths of Senior Constable Len Snee and Molenaar, his killer, that his mate was a "kind fellow" and had a lot of respect for the police.

The inquest is expected to conclude today, the third day of the coroner's court hearing into the fatal shooting of Mr Snee on May 7 last year and Molenaar's suicide the next day.

The 51-year-old had taken exception to a drug warrant being executed, and, after opening fire on three officers and a civilian, locked himself in the house before shooting himself in the head.

Mr Herbert said he had known Molenaar since they attended Napier Intermediate together. They were also in the Army together.

On the afternoon of Mr Snee's death, Molenaar asked police negotiators, whom he was in contact with by phone, to send Mr Herbert to his Chaucer Rd home. Mr Herbert had already gone to the Napier police station offering to help.

Coroner David Crerar asked why the gunman would have asked for him.

He replied: "He wanted a hamburger without cheese ... He wanted someone he'd known a long time there towards the end.

"He wasn't a bad fellow really ... He just snapped, I guess. He was a decent fellow."

Mr Crerar said: "I think the evidence would suggest otherwise."

The head of the police negotiating team, Inspector Lance Burdette, had said earlier yesterday that police decided against letting Mr Herbert on to Chaucer Rd as he might be "a trigger" in escalating Molenaar's violence.

Molenaar had told police he was "too old" to go to prison, Mr Burdette said.

"He was tired and depressed but very defensive of his property. He let us know there were a number of surprises set up, should we enter."

But when police let him know they were with his friends and family, he talked about "when I come out".

He spoke with his partner Delwyn Keefe over the phone on the second day.

She tried to talk to him about the future.

"He told her he'd made mistakes," Mr Burdette said. "He said sorry and wanted to say goodbye. He became emotional and was crying."

Mr Burdette had described Ms Keefe as "probably the initiator" to Molenaar's violence because she let the police into their home.

But Mr Crerar said: "I think you're being a little unkind to Delwyn when you refer to her as a trigger. My understanding was that she was later the peacemaker of the situation."

Mr Burdette replied: "I have the utmost respect for Delwyn ... We had great inroads with the information she provided to us."

Mr Snee's widow, Vicki, took the unusual step of coming out of the public gallery to ask Mr Burdette: "At what stage of your negotiations did you consider getting my husband's body out?"

The police officer said they had to concentrate on getting Molenaar "away from what he'd done".

Police practice again came under scrutiny yesterday when Department of Labour health and safety investigator Paul West read his report.

Mr West's had been given the role of identifying the "steps taken by police to reduce likelihood of harm to its staff" before the shootings.

He said that "elements of the search were casual".

None of the three officers was wearing a stab-resistant vest, although the gear would not have prevented the injuries they received, he said.

They were also not in contact with the police communications centre, as is required.

The coroner said he was also "concerned about the lack of follow-up" with Molenaar by police into what firearms he was holding after a new law.

Inspector Joseph Green, in charge of firearms safety at police national headquarters, said Molenaar surrendered his firearms licence in 1994 after an overhaul of all lifetime licences. All holders were required to apply for a 10-year photo licence or surrender their current licence.

Police had no records showing whether they ever visited Molenaar to see what had happened to his weapons.

Mr Green said any paper records were "likely disposed of". And, because of a change in the system on the police digital database, the information saying he had surrendered his licence should be "treated with caution".

The police national firearms officer at the time had a "vague recollection" of visiting the property.

The coroner asked Mr Green: "Would no question have been asked about the firearms he had?"

The police office said it was not "standard operation" at the time but last year, all area commanders were told that staff had to visit holders of expired licences.

OFFICERS ILL-EQUIPPED FOR RAID

MISTAKES
* The three officers were not wearing their stab vests, which is a police "general instruction" when going into a high-risk situation.
* They did not notify the police communications centre of their actions either by radio or cellphone.
* They did not advise senior staff of their intention to execute the warrant.
* There was no formal planning or briefing discussing each member's duties.
* Five police officers were to originally execute the warrant but only three were available.
* Senior Constable Len Snee did not have a radio, handcuffs or baton on him.
* Senior Constable Bruce Miller did not have his baton on him.

RECOMMENDATIONS
* Ensure senior police officers are aware of all warrants executed by their staff.
* Have adequate numbers of staff attend search warrant executions.
* Provide police with risk assessment training and tools.

- Source: Department of Labour health and safety report