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Home / New Zealand

Napier siege inquest: Latest updates

NZ Herald
31 Mar, 2010 04:15 AM11 mins to read

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nzherald.co.nz's Edward Gay reports live from day two of the inquest into the Napier gun siege.

17.15: The inquest has adjourned for the day.

17.13: A long-time friend of Napier gunman Jan Molenaar has described the gunman as "a decent fella" who snapped.

Brett Herbert, who suffered a brain injury during a home
invasion in 1999, said he went through Napier Intermediate with Molenaar.

He was giving
evidence at the inquest into the deaths of Senior
Constable Len Snee and Molenaar.

"Jan and I were also in the army together. Jan was a kind fella and
had a lot of respect for the police," Mr Herbert said.

He said he never saw firearms at Molenaar's home and the pair only
discussed motorbikes.

"I think Jan just snapped," Mr Herbert said.

"I could tell by Jan's voice he knew he had overdone it."

He said Jan made a call to police negotiators asking for Mr Herbert to
bring two hamburgers - one with no cheese - up to his house.

Asked by Coroner David Crerar why Molenaar would want to see him, Mr
Herbert said he was "a good old mate and he wanted a hamburger without
cheese".

"We go back and he was a good loyal mate. He was a trustworthy guy. He
wasn't a bad fella, you know. He must have snapped," Mr Herbert said.
Mr Crerar agreed.

16.50: Gunman Jan Molenaar fired multiple shots into neighbouring houses during the siege at his home, says a forensic scientist.

Environmental Science and Research (ESR) forensic scientist Gerhard
Wevers is giving evidence at the inquest into the deaths of police
officer Len Snee and gunman Molenaar.

Mr Wevers said 25 bullet holes were found in a neighbour's fence.
Three other bullet holes were found in the house's wall.

Another 12 shots were fired into Molenaar's own fence. Another
neighbour's house had seven shots in the wall while two parked cars
had also been shot at from Molenaar's home.

Mr Wevers also described how he found Molenaar's body in the master
bedroom of his home.

"The master bedroom was cluttered with furniture, pot plants and glass
from broken windows. On the bed was a blanket box with various
firearms and ammunition."

He said Molenaar's body was next to the bed with a single gunshot
wound to the head.

16.15: The wife of slain police officer Len Snee asked the head of the police negotiating team when police asked if they could recover her husband's body that lay in the street.

Vicki Snee addressed the Coroner's court in Napier this afternoon.

"At what stage of the negotiation did you discuss getting my husband's
body back?" Mrs Snee asked.

Inspector Lance Burdette had been giving evidence into the shooting of
Senior Constable Snee and the suicide of Jan Molenaar.

Mr Burdette said: "We don't focus on an event that has happened."

During his evidence Mr Burdette said police negotiators try to focus
on the future and not the past because it tends to increase the
liklihood of suicide.

Mr Burdette said police made contact with Molenaar several times
during the siege.

At one point Molenaar asked to speak to his friend Brett Herbert. He
also asked that Mr Herbert come to his home with two hamburgers so
the two could talk.

Police negotiators also used Molenaar's partner Delwyn Keefe to make
contact in the hope that she could convince him to leave his home
peacefully.

"Molenaar sounded tired and depressed," Mr Burdette said.

He said he told Keefe that there were explosives in the home. Police
believed the threat because of Molenaar's armed forces background.

A police negotiator also tried to phone Molenaar but the gunman hung
the phone up immediately.

Mr Burdette said Molenaar told police that "it was going to be an end
satisfactory to police and he did not wish to harm any more police".

By the second day, Mr Burdette believed the siege would end in a
suicide or suicide by police.

"He stated he was too old to start again and didn't want to go to
prison," Mr Burdette said.

He said police were concerned that Molenaar's brother had committed
suicide and that had "hit him hard".

But later, Molenaar's mood changed and "began talking about when I came out".

However, Molenaar's mood changed again and Mr Burdette said that may
be because he had had some time to reflect on his actions.

He said police allowed Molenaar to speak to Delwyn Keefe, his partner.
She was briefed on remaining positive and talking about the future.

"He said he was sorry and wanted to say goodbye. He also said he was
going to see his brother," Mr Burdette said.

Originally, Coroner David Crerar had said Mr Burdette's evidence would
be suppressed but he has revised that ruling. Only the last part of Mr
Burdette's evidence was suppressed that dewalt with a peer review of
the police negotiating team.

15.30: The head of the police negotiation team has given evidence at the inquest into the shooting of Senior Constable Len Snee and gunman Jan Molenaar.

Inspector Lance Burdette has described police tactics.

However his evidence has been suppressed by Coroner David Crerar.

14.48: The number of staff used to search gunman Jan Molenaar's home was correct, says a coroner.

The number of police officers that turned up to Molenaar's home to
search for drugs has been questioned by a report from the Labour
Department at the inquest into the killing of Senior Constable Len
Snee and gunman Molenaar.

The three officers were to be joined by two other officers and Labour
Department investigator Paul West said two additional officers may
have been able to stop Molenaar getting a gun while police searched
his home.

Coroner David Crerar told a court: "I don't believe it was
unreasonable to execute a search warrant with three staff".

Superintendent Anthony McLeod is the national manager of operations
and has 36 years of experience with police.

He said the protocol around search warrants is being reviewed by
police and he anticipated some clear guidelines around staff numbers
required during a search.

Mr McLeod also defended the stab proof vest but acknowledged that none
of the officers searching Molenaar's home were wearing one at the
time.

"Police accept that it is uncomfortable and hot to wear," he said.

But Mr McLeod said when the vests are worn correctly, they are not as hot.

He outlined some of the changes to police procedure that have come
about since Mr Snee was shot dead by Molenaar while police were
looking for drugs.

Mr McLeod said the officer in charge of a search warrant now has to do
a formal risk assessment of the property that they are intending to
search.

Mr West had previously criticised police after his report showed
evidence that there was no risk analysis carried out by any police
officer before the search.

Mr McLeod said a number of police procedures were still being reviewed
by police.

"Police recognise it is important and appropriate for the Department
of Labour report into this incident," he said.

But he said Mr West's report drew conclusions on the actions of the
entire police force, based on the actions of three officers on one day
in May last year.

He also answered a concern raised by Mr Crerar who said he could not
see a Constable on the street being aware of all 587 police
operational rules.

Mr McLeod said: "Each member of police is not expected to know every
instruction".

He said some of the instructions go to specific areas of police, such
as airport police and dog handlers.

14.25: The police search of the home of Napier gunman "appeared casual", says a health and safety report.

Health and Safety officer Paul West investigated the actions of Senior Constables Len Snee, Bruce Miller and Grant Diver shot by Jan Molenaar in Napier, last May.

He said police had not told police communications about their search and were not wearing their stab proof vests during the search.

"It is of concern that three highly experienced police officers conducting a search failed to wear their stab proof vests," Mr West said.

But the vest would not have protected them from Molenaar's bullets, he said.

Mr West said Mr Snee's stab proof vest had been stolen from his police station a year before the shootings but it had not been reported and no replacement was issued.

He said the three officers were to be joined by two other police officers when they searched Molenaar's home but the other two officers were not able to be there.

"It is speculation that the two officers could have assisted and stopped Molenaar accessing the fire arm," he said.

But Mr West said the three officers were all highly experienced and their injuries had nothing to do with their actions or inactions.

Lawyer Russell Collins asked Mr West if, had more officers been sent to search Molenaar's house, more would have been shot.

Mr West answered: "Len Snee was in charge and should have looked at his resources and decided whether to go or not".

"It is an unknown whether more staff would have helped or hindered," he said.

He said police protocol stated that police officers must notify the central police communications centre of what they were doing, however this had not been done.

Mr West also said the police officers had not met to discuss their operational plan but the officers had worked together on many occasions and were experienced. He said police had no relevant information on the dangers that Molenaar posed.

Mr West said, contrary to what Molenaar's partner Delwyn Keefe has said - that Mr Snee had eye-balled Molenaar and had not left the property immediately - evidence from other witnesses showed Mr Snee had been polite, cordial and professional. He said the three police officers and neighbour Lenny Holmwood had left Molenaar's house as soon as Molenaar pointed a gun at them.

He said the Department of Labour decided not to prosecute the New Zealand Police or the police officers concerned but Mr West said the Department of Labour and police should work together to make changes to the way police weigh-up risks before they search a property.

Coroner David Crerar asked how a police officer could be familiar with 587 general instructions that officers must follow in their day-to-day operations.

Mr West replied: "There is such a proliferation of documents that it would be hard for a constable on the street to be aware of every police guideline that relates to every aspect and some streamlining would be appreciated," Mr West said.

Mr Crerar suppressed Mr West's evidence until the police could give their right of reply through Superintendent Tony McLeod's evidence.

10.50: Coroner David Crerar has asked Mr Green if police had known Molenaar owned a semi-automatic riffle.

Mr Green said the police would not have known and Molenaar would have dropped off police records when he surrendered his license.

"The record seems to show Molenaar in fact surrendered his license. He is one of these high risk users and what they do is drop out of sight," Mr Green said.

He said there is no evidence that police followed up on what Molenaar had done with his guns.

The firearms officer in Napier at the time said he has a recollection of visiting Molenaar sometime after 1994 but there is nothing on the record, Mr Green said.

He said that would not be the case nowadays and Molenaar would be asked to give an explanation of where his guns had gone.

10.28: Local Napier police were "poor" in their response to chasing up on gun owners who had not re-applied for their license, a senior police officer says.

Inspector Joseph Green is based in Wellington and has been consulted by the Government on arms legislation. He has 23 years experience in the police.

He has managed the police firearms service centre for the past 12 years. Mr Green has given evidence on the second day of the inquest into slain Senior Constable Len Snee and gunman Jan Molenaar, in Napier today.

He said in 1992 a legislation change meant that lifetime firearms license holders had to reapply for a 10 year photo licence.

Mr Green said a letter was sent to about 50,000 people who had failed to reapply and local police were tasked with chasing them up..

"Some districts, including this district, responded poor," Mr Green said.

He said Molenaar surrendered his firearms licence in 1994 and was checked in 2002.

However, Molenaar still had in his posession at least one semi-automatic riffle that he had bought in 1990, Mr Green said.

He said police received an anonymous letter saying Molenaar was selling drugs and had guns.

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