'Too old to start again' - siege inquest hears of gunman's low spirits

Jan Molenaar shot dead Senior Constable Len Snee after finding him and two other police in his home executing a warrant. Photo / Supplied

Napier gunman Jan Molenaar wanted to share a hamburger with his mate as he remained holed up in his home while the body of Len Snee lay outside in the street.

Police head negotiator Inspector Lance Burdette told an inquest that police could not allow the meeting to take place because they thought Molenaar wanted to say good-bye and end his life.

The inquest, before coroner David Crerar in Napier, is hearing details of Molenaar's fatal shooting of Senior Constable Len Snee on May 7 last year and the gunman's suicide the next day.

Police negotiators used Molenaar's partner Delwyn Keefe to make contact with the gunman during the two day siege that shut down part of central Napier, in the hope that she could convince him to leave his home peacefully.

"Molenaar sounded tired and depressed," Mr Burdette said.

He said Keefe told police that there were explosives in the home. Police believed the threat because of Molenaar's armed forces background.

A police negotiator also tried to phone Molenaar but the gunman hung the phone up immediately.

Mr Burdette said Molenaar did say "it was going to be an end satisfactory to police and he did not wish to harm any more police".

By the second day, Mr Burdette believed the siege would end in a suicide or suicide by police.

"He stated he was too old to start again and didn't want to go to prison," Mr Burdette said.

After giving his evidence, Mr Burdette was asked a question by Mr Snee's widow, Vicki.

"At what stage of the negotiation did you discuss getting my husband's body back?" Mrs Snee asked.

Mr Burdette said: "We don't focus on an event that has happened."

During his evidence, Mr Burdette said police negotiators try to focus on the future and not the past because it tends to increase the likelihood of suicide.

Were three police officers enough to search 41 Chaucer Rd?

The number of staff used to search gunman Jan Molenaar's home was correct, says a coroner.

The number of officers that turned up to Molenaar's home to search for drugs has been questioned by a report from the Labour Department.

The report found that five officers were to have searched the home of Molenaar but two could not make the date.

It also found that none of the three officers were wearing stab proof vests, and Mr Snee only carried pepper spray. He did not have his handcuffs, baton or radio on him when he went into Molenaar's home.

Labour Department investigator Paul West said the stab proof vests would not have protected the officers from Molenaar's bullets but he said two additional officers may have been able to stop Molenaar getting a gun while police searched his home.

Coroner David Crerar told a court: "I don't believe it was unreasonable to execute a search warrant with three staff".

Superintendent Anthony McLeod is the national manager of operations and has 36 years of experience with police.

He said the protocol around search warrants is being reviewed by police and he anticipated some clear guidelines around staff numbers required during a search would come out of the review.

Mr McLeod also defended the stab proof vest but acknowledged that "it is uncomfortable and hot to wear".

He outlined some of the changes to police procedure that have come about since the shooting of Mr Snee.

Mr McLeod said the officer in charge of a search warrant now has to do a formal risk assessment of the property that they are intending to search.

Mr West had criticised police after his report showed that none of the police officers carried out a risk assessment before going into Molenaar's house. He described the police search as "casual".

Mr McLeod said: "Police recognise it is important and appropriate for the Department of Labour report into this incident," he said.

But he said Mr West's report drew conclusions on the performance of the entire police force, based on the actions of three officers on one day in May last year.

He also answered a concern raised by Mr Crerar who said he could not see a Constable on the street being aware of all 587 police operational rules. Those rules include what to do when executing a search warrant and when officers have to wear stab proof vests and their weapons including baton and pepper spray.

Mr McLeod said: "Each member of police is not expected to know every instruction".

He said some of the rules go to specific areas of police, such as airport police and dog handlers.

Molenaar was a decent fella who snapped

A long-time friend of Napier gunman Jan Molenaar has described the gunman as "a decent fella" who snapped.

Brett Herbert who suffered a brain injury in 1999 during a home invasion said he went through Napier Intermediate with Molenaar.

"Jan and I were also in the army together. Jan was a kind fella and had a lot of respect for the police," Mr Herbert said.

He said he never saw firearms at Molenaar's home and the pair only discussed motorbikes.

He said he phoned Molenaar on the second and last day of the siege.

"I could tell by Jan's voice he knew he had over done it."

He said Jan made a call to police negotiators asking for Mr Herbert to bring two hamburgers – with no cheese - up to his house.

Asked by Coroner David Crerar why Molenaar would want to see him, Mr Herbert said he was "a good old mate and he wanted a hamburger without cheese".

"We go back and he was a good loyal mate. He was a trustworthy guy. He wasn't a bad fella, you know. He must have snapped," Mr Herbert said.

Mr Crerar agreed.

The inquest has adjourned with tomorrow expected to be the final day.