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Home / New Zealand

Tui Proctor sentenced for firing pistol during police pursuit

Miriam Burrell
By Miriam Burrell
Multimedia Journalist - NZ Herald·NZ Herald·
11 Aug, 2021 12:57 AM4 mins to read

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A man holding a pistol outside of a car window fired at two police constables. Photo / Stock

A man holding a pistol outside of a car window fired at two police constables. Photo / Stock

The thought of not returning home to his wife and children weighs heavily on a police constable's mind after a methamphetamine-addicted man fired a shot while being pursued by him and another constable.

The South Auckland father of two was so rattled by the firearms incident he thought of quitting the police force altogether. The second officer moved off his frontline duties because he was so anxious following the incident.

The Herald has agreed not to identify the officers.

Tui Proctor has been sentenced to two years and three months' imprisonment for firing a shot with a pistol through the window of car that police were pursuing in Manurewa, South Auckland in August last year.

The firearms incident happened less than two months after Constable Matthew Hunt was fatally shot while carrying out a routine traffic stop in Massey, West Auckland.

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One officer, 37, said he was "very aware of how bad the situation could get if he kept firing" and the thought of not seeing his family that night was "quite scary" and impacted on his duties.

He said the shot gave him "a good fright" and he worried about the possibility of Proctor shooting a member of the public as they were driving in a residential area.

He considered changing career after the incident.

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"It changed my wife's views of me going to work for the New Zealand Police ... she now knows how close I was to danger."

The second constable said he felt anxious when stopping vehicles after the incident - which was his main duty at the time - to the point where he moved away from frontline policing and now misses the community engagement.

He felt guilty about "dragging" his mother "through this ordeal", the court heard, and had a stressful time sharing the news with his family.

Both officers gave victim impact statements at Proctor's sentencing this morning at Manukau District Court.

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Tui Proctor was sentenced at Manukau District Court today. Photo / NZME
Tui Proctor was sentenced at Manukau District Court today. Photo / NZME

In a letter written to the officers, Proctor said his actions were "inexcusable" and he was "truly sorry" for what be put both the officers through.

He said his intentions were never to cause harm, and he had no right to behave in such a reckless manner.

He has since taken steps to address his methamphetamine abuse, the court heard.

Proctor fired a single shot outside the window of a car being pursued by a marked patrol car around 20 to 30 metres away on August 6, 2020.

Police were pursuing him with lights flashing, Judge Richard McIlraith said, and that was "abundantly clear".

The two constables had earlier spotted Proctor driving a BMW car owned by a person with a criminal history relating to drug offending.

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They followed him as he drove into a driveway and saw him leave the BMW and get into the driver's seat of a Mazda car with another person in the passenger's seat.

Another person who was in the Mazda got out and sat in the driver's seat of the BMW.

Two police vehicles followed both the Mazda and the BMW as they drove down Weymouth Rd.

The two constables drove past the BMW and followed Proctor in the Mazda, and a pursuit was engaged. Proctor put his right arm outside the window and fired one shot.
The pursuit was abandoned.

Later that day police searched Proctor's partner's property and found a black pistol inside a handbag in a boot of a car, with one live bullet. His right palm print was located on the firearm.

Proctor pleaded guilty to unlawful possession of a firearm, using a firearm to resist lawful arrest and dangerous driving.

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He has previously been convicted of similar firearms-related charges in 2017 and 2019, the court heard.

Proctor had a challenging childhood, Judge McIlraith said, which contributed to his methamphetamine addiction.

He was uplifted as a child and went to live with his grandmother.

Methamphetamine had caused Proctor "havoc" every day since it was introduced to his life at age 17, the court heard.

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