The police have dismissed suggestions that elite military forces be called on to track down fugitive Tom Phillips and his children, warning that could risk their welfare.
New CCTV footage of a man and child breaking into a Piopio store hasstoked fears about the welfare of Phillips’ children – Jayda, Maverick, and Ember – who were taken by their father to an unknown location in December 2021.
Phillips faces a raft of charges, including aggravated robbery, aggravated wounding, and unlawful possession of a firearm.
With the case now stretching on for years, it’s been suggested that the NZ Special Air Services (NZSAS) be tasked with locating him and his children.
“This will take as long as it takes,” he said. “Our focus is bringing those kids out safely. We’re not going to get into a confrontation situation.”
Asked if the SAS should get involved in the case, Prime Minister Christopher Luxon said the matter was “operational” and referred it to the police. The ministers for police and defence did the same.
Speaking to TVNZ’s Q+A programme last year, former Police Commissioner Andrew Coster said the Defence Force had been involved in the search for Phillips, although he didn’t give specific details on what exactly their involvement was.
Military lawyer Matthew Hague, who has served in both the NZDF and Police, told RNZ the prime minister or other senior ministers had the authority to bring in the army to deal with an emergency, if it was beyond the capability of the police to deal with.
The search for the children, however, did not meet the high bar needed to call the army in, Hague said.
“We’re lucky to have a capable and effective police force, and they have a range of capabilities, and they have within the police very high levels of operational responsive capabilities,” he said.
“It’s very likely the Defence Force will be supporting police in their response to Tom Phillips, as they support police in many other matters, but it’ll be the police leading that response - it won’t be the armed forces acting independently.”
Hague said it was wise for the police to act carefully.
“The allegations are that there are weapons involved and accessible by Mr Phillips, and so the police will understandably be very concerned not to escalate things, not to put the public, the children, or Mr Phillips himself in any unnecessary risk.”
He said it would be interesting to see what point the police’s “tolerance” of Phillips being in the bush would be exhausted.
“Most New Zealanders would understand that there are probably significant welfare concerns with the children in this environment: they’re not at school, we don’t know what medical care they have available, they’re away from their wider family,” Hague said.
“The police would need to be balancing their desire not to escalate things with the need to eventually bring this matter to a conclusion.”
