A former anti-terrorism expert who was involved in the Israeli hostage crisis at the 1972 Munich Olympics gave evidence at a depositions hearing for Constable Keith Abbott yesterday.
Bernard Maubach, a German who now lives in Wanganui, told the New Plymouth District Court that Abbott and Detective Constable Jason Dombroski should have known Waitara man Steven Wallace was irrational and should not have approached him in the threatening manner in which they did.
Abbott, who shot Mr Wallace in McLean St, Waitara, on April 30, 2000, is the subject of a private prosecution brought by Mr Wallace's family, the first laid against a New Zealand police officer.
The officers' invasion of Mr Wallace's space and the way they approached led to the disastrous outcome, said Mr Maubach, who emigrated to New Zealand in 1978.
"It inflamed a very irrational, upset and violent man unnecessarily."
It should have been obvious to the two officers that they were not dealing with a reasonable man, and that was confirmed by the fact they described Mr Wallace as a nutcase while they were picking up pistols at the police station, he said.
Mr Maubach, aged 58, confirmed that he approached prosecutor John Rowan, QC, shortly after the shooting to offer his expertise.
He said had no problem with the officers arming themselves but said the situation was "appreciated wrongly" by them.
Abbott should have known his first two shots had hit Mr Wallace and should have stepped back to observe instead of firing again.
"There are no other words in my assessment of the situation than excess force ... which under the circumstances were reckless."
To defence lawyer Susan Hughes, Mr Maubach said he retired from the German police 24 years ago, had never belonged to the New Zealand police and was not on any register of experts.
Earlier in the day prosecution witness Wayne Idour, a former police sergeant, was questioned about his own judgment in cross-examination by Ms Hughes.
She read a letter which said the deputy commissioner had investigated his actions and he was formally cautioned for his "lack of judgment" in taking a baton to interview people who spat on him.
Mr Idour said he had never seen that letter and asked how she got hold of it.
"I have never seen this document before in my life," he said.
The hearing resumes today.
- NZPA
Police inflamed an irrational man: anti-terrorism specialist
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