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Home / New Zealand

Police cleared over triple fatal crash

Herald online
16 Dec, 2010 11:00 PM3 mins to read

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File photo / APN
File photo / APN

File photo / APN

Two police officers involved in a pursuit in July that ended in the death of three people followed police policy, the Independent Police Conduct Authority has found.

The authority's chairperson, Justice Lowell Goddard, said the officers involved complied with law and policy throughout the pursuit in central Christchurch.

On July 10, about 1.40am, the officers pulled over a Mitsubishi Lancer which was overloaded with six passengers, on Manchester St. However when an officer got out to speak to the driver, Tama Dobson, the 27-year-old sped off through a red light.

The officers initiated a pursuit, which lasted 30 seconds, over a distance of 550m.

Witnesses reported the passengers were screaming at the driver to stop.

The Lancer pulled into Moorhouse Ave, where it struck a concrete street light pole, killing front seat passenger Shannon Smiler, 26.

Mr Dobson and Karleane Magon, 27 - who was sitting on the lap of a back seat passenger - later died of their injuries in hospital.

The report noted Mr Dobson had an extensive list of criminal convictions, including driving under the influence of alcohol and was an unlicensed driver who had been forbidden to drive by police since June 2000. He had four outstanding warrants for his arrest, and would have aware police were searching for him.

Blood taken from Mr Dobson three and a half hours after the crash was found to contain 118 milligrams of alcohol per 100 millilitres of blood. The legal blood alcohol limit is 80 milligrams per 100 millilitres.

The crash investigator determined the most likely causes for the crash were the driver's blood alcohol level, the speed at which he was driving, and the condition of the car's tyres.

The car had bald rear tyres and a newly installed, uncertified roll cage.

Justice Goddard said none of the officers' actions were "contrary to law, unreasonable, unjustified, unfair or undesirable, pursuant to the Independent Police Conduct Authority Act 1988".

"Due to the short duration of the pursuit, there was no opportunity for the officers to comply with pursuit policy in respect of ongoing risk assessment and abandonment," she said.

The authority made no recommendations.

At an inquest earlier this month, regional coroner Richard McElrea said Mr Dobson - also known as Tama Wikiriwhi- was to blame for the three deaths, not police.

He said Mr Dobson would have faced serious criminal charges if he had survived.

11,000 drivers flee in five years

In the last five years, more than 11,000 drivers have fled from police and 33 fatalities have resulted.

Sixteen people have died this year following police pursuits.

While in some countries police only pursue for serious offences or when someone's life is in danger, Police Minister Judith Collins has said police could not ignore people who are breaking the law.

Police commissioner Howard Broad said a large percentage of those who flee the police have criminal convictions and nearly 30 per cent are driving stolen cars.

Police pursuit policy has been reviewed six times in the last five years.

Discover more

New Zealand

Two inquiries launched into man's death after police chase

10 Jul 06:00 AM
New Zealand

Third person dead after Chch crash

31 Jul 03:52 AM
New Zealand

Watchdog renews call for rethink on police pursuit policy

06 Dec 04:30 PM
New Zealand

Police breached pursuit policy - IPCA

16 Dec 11:00 PM
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