Policeman's job future uncertain

Jonathan Erwood

Sole-charge Mokau policeman Jonathan Erwood will have to wait at least two weeks before he knows if he can keep his job, despite being discharged without conviction for drink-driving.

Mr Erwood, 37, pleaded guilty to drink-driving after he took his police vehicle to a double fatality on July 9.

But he escaped punishment in the New Plymouth District Court yesterday.

Central District Commander Mark Lammas said a police internal investigation into Mr Erwood's conduct would take at least another two weeks.

The court decision would be taken into account but was not binding on the investigation's outcome, he said.

"The police internal investigation is wider. For example, it will include investigating any breach of general instructions."

Mr Lammas' comments followed the decision by Judge Louis Bidois, who said the circumstances of the case warranted leniency from the courts.

"You risked your career to attend this accident. Your intention was to help those involved. There was nothing in this for you personally. It showed your commitment to your job. You should be proud," the judge said.

Judge Bidois also urged officials to review procedures for workers, including sole-charge police, armed offenders squad members, and fire and ambulance staff who are often called to emergencies when off duty.

"This kind of case is rare, [but] it is something in my view that has just been waiting to happen.

"If you receive a call-out and you have been drinking, what do you do? Attend or not? If you don't someone's safety or life may be at risk or a citizen's safety could be compromised."

Mr Lammas said the situation of sole-charge officers would be considered when the investigation was complete.

A large group of supporters applauded the decision in the packed courtroom.

The case has polarised opinion, with many criticising the decision to charge Mr Erwood in the first place.

The policeman was one of the first at the accident scene in which Clint Ratima, 32, of Aria, and New Plymouth physiotherapist Jennifer Trentham, 48, died.

Mrs Trentham's husband, Richard, was taken to Taranaki Hospital with serious injuries.

Mr Ratima was drinking with Mr Erwood at his Mokau residence before the accident.

Mr Erwood was breath-tested by a highway patrol officer who smelled alcohol.

Blood testing revealed 106 milligrams of alcohol per 100 millilitres of blood. The legal limit is 80mg.

In an affidavit presented to the court Mr Erwood said he did not know Mr Ratima was going to drive and did not hear his vehicle leave.

He said Mr Ratima had earlier agreed to get a lift with another person, but then "inexplicably simply left".

Prosecutor Tim Brewer said Mr Erwood could have asked someone to drive him and the oxygen and medical equipment in his police car to the accident.

Mr Brewer also highlighted a four hours and 31 minute delay between when Mr Erwood drove and a blood sample was taken.

But Mr Brewer said it was clear Mr Erwood was not obviously impaired by alcohol at the scene of the accident.

Mr Erwood said he was grateful for the decision and the support he had received.


Motorcade case cited as precedent for discharge

Prime Minister Helen Clark has unwittingly been implicated in the discharge without conviction of Jonathan Erwood.

In his decision yesterday, New Plymouth District Court Judge Louis Bidois said he was guided by a High Court decision to quash convictions for police involved in the high speed prime ministerial motorcade.

Last month Timaru sergeant Ian Howard, and Ashburton constable Simon Raymond Vincent had their driving convictions quashed.

The Prime Minister's chauffeur had his conviction overturned in December.

Mr Howard and Mr Vincent were also driving in the high-speed dash from Waimate, South Canterbury, to Christchurch in July 2004. They were trying to get Helen Clark to Christchurch airport so she could get to a rugby test in Wellington.

Justice Priestley ruled that the consequences of the convictions outweighed the offences of both men.

Judge Bidois said the motorcade case set a precedent, as a conviction for Erwood was likely to result in consequences being "out of all proportion to the offending".

He said Mr Erwood had pleaded guilty but leniency was warranted.

Like the officers in the motorcade case, Mr Erwood was doing his job by responding to an emergency.

"The background of that event was to get the Prime Minister to the airport to enable her to go to a rugby game. That is hardly an emergency, but some may think it was of some national interest."