The Independent Police Conduct Authority has cleared police of any blame in the multi-car pile-up in which a man who had threatened suicide rammed his Jeep into the back of a police car and then smashed into another car, killing its driver.
The IPCA has also cleared a police officer after a fleeing motorcyclist was killed during a pursuit in Wellington in January last year, but has found another officer's actions in a crash in the Waikato that killed a motorcyclist in April last year were undesirable.
The multi-car pile-up happened on Auckland's North Shore on February 2 last year.
Police were alerted to the erratic behaviour of Cornelis Klein, the driver of a black Jeep Cherokee heading southwards on the Albany Expressway. His female passenger had fled his vehicle after he threatened to commit suicide and then started yelling and screaming, IPCA chairwoman Justice Lowell Goddard said in her report released today.
The woman called police and a patrol car was sent to the Albany Expressway. Its driver was unaware as he headed down Rosedale Road that Klein's vehicle had left the expressway. He saw a black Jeep in the traffic queue ahead of him but did not realise it was connected to the incident.
Other cars moved to the left as the patrol car with its warning lights and siren on moved along Rosedale Road, but the Jeep did not pull over and the officer used the painted median strip to overtake it at an estimated 90-95km/h.
"As the patrol car passed the Jeep, Mr Klein yelled at the officers and put his hand out the window to give 'the finger'. He then began following the patrol car at high speed," Justice Goddard said.
The Jeep then pursued the police car which slowed at the intersection of Rosedale and Bush roads. The Jeep then drove directly into the back of it about 80km/h.
The impact shunted the police car across the intersection into the path of oncoming traffic, while the Jeep crossed the centre line and crashed head-on into a car driven by Michael Roden Plimmer, aged 71. He was killed instantly.
Justice Goddard said the driver of the police car complied with urgent duty driving policy.
"Without being aware of Mr Klein's identity or his background, the officers could not have anticipated Mr Klein's extreme reaction to being overtaken by the police vehicle," she said.
Klein is facing a manslaughter charge.
In the Waikato case, motorcyclist Paul Brown was killed in a collision with a police car near Te Kauwhata on April 18. The IPCA said the officer was approaching the brow of a hill when he saw a motorist coming the other way speeding.
The officer attempted a u-turn intending to pull over the driver of the speeding utility, but was unable to complete it in one movement.
As he put his car into reverse so he could complete a three-point turn, he saw a motorcyclist coming over the brow of a hill "very quickly".
Mr Brown attempted to steer right to avoid the car which was blocking the westbound lane but collided with it. He died at the scene.
The officer has been charged with dangerous driving causing death and injury and as the case is before the courts, the IPCA made no finding as to whether his actions were contrary to law.
But Justice Goddard said the decision to charge him was justified and she called his decision to attempt a u-turn at that location highly undesirable.
In the Wellington case, motorcyclist Leith David Barnes, 28, was killed during a police pursuit in Newlands, Wellington.
The report said four witnesses estimated Mr Barnes was driving at more than 100km/h through the 50km/h limit Johnsonville shopping area as he was pursued by an officer.
He continued at high speed through Newlands, but failed to take a corner, hit the kerb and fell down a bank into a park. He died at the scene.
The IPCA said the officer who pursued him complied largely with policy, apart from failing to fully communicate the risks that arose during the pursuit.
The officer had trouble driving at speed and operating his police radio at the same time. The IPCA recommended police continue to implement hands-free communications in vehicles.
- NZPA
New Zealand
