Counties-Manukau Police were justified in pursuing a drunk and speeding fleeing driver who later crashed causing the death of a passenger and seriously injuring himself and two others, an independent report has found.
The Independent Police Conduct Authority (IPCA) found that the actions of Police in pursuing unlicensed fleeing driver Setefano Tonga, 17, on 5 December 2010 were justified, and that officers complied with the Police fleeing driver policy regarding their speed and manner of driving.
The Authority also found that Police's decision to use road spikes in attempt to stop the stolen vehicle was reasonable, though the site chosen was unsuitable. It also identified issues with Police radio systems during the incident and that the pursuit should have been abandoned earlier – findings which Police have accepted and since addressed.
Mr Tonga, who was found to be three times over the legal blood alcohol limit, subsequently pleaded guilty to the manslaughter of Georgina Cherish Stone-Te Hara, a 20-year old passenger in the fleeing vehicle, who died in hospital from injuries she received in the crash. Mr Tonga and his two passengers, Mamaku Jacquetta Ngaehu 17, and Shana Menary-Colley, 23, were seriously injured. Survivors reported the vehicle reaching speeds of up to 180 km/h before the crash.
Police had abandoned their pursuit of the fleeing stolen vehicle, which lasted four and a half minutes, before it crashed in Chapel Road, Flat Bush.
"Fleeing driver incidents are always one of the most challenging situations that Police ever have to deal with, says Counties-Manukau District Commander Superintendent John Tims.
"They are fast-moving, unpredictable and high pressure situations that require quick judgments and the public expect us to get it right. We take that responsibility very seriously and are always looking for ways that we can manage these difficult situations more effectively.
"Police do not want to see anyone die needlessly on our roads, but we always face a difficult balance when people choose to risk their own and others’ lives at risk by driving drunk, dangerously or at speed to avoid Police.
"Our primary concern is to always ensure that the public and our staff are kept safe, but that must be balanced against the risk of making the offending driver take greater risks. That said, the ultimate responsibility lies with the actions of those drivers who fail to stop for Police, and we urge anyone who is signaled to stop by Police to do so," Mr Tims says.
Noted in the report were concerns about radio difficulties experienced by officers involved in the incident. Problems were identified with staff proficiency with a new digital radio system, and heavy radio traffic at the time of the incident.
Mr Tims says much work has been done in the intervening three and a half years to familiarise officers with the operation of digital radios and correct use of radio protocols to reduce unnecessary traffic.
Additionally, more than 6,300 frontline officers have recently been issued with mobility devices, lessening the need for officers to use the radio to conduct checks and enquiries. Reduced radio traffic is anticipated as a result.
The IPCA report noted in its recommendations an ongoing dialogue with Police to improve the workability of relevant policies; and the benefits of a wider understanding of the tactical options available during fleeing driver incidents and their impact.
Mr Tims says Police accept the IPCA recommendations, and that significant changes have been made to the fleeing driver policy in the time since the incident.
"We'll continue to improve our training and policies to ensure that pursuits are conducted in ways that minimise risks to other road users. We are committed to making our policy as safe as it possibly can be, given that this is always a dangerous and highly unpredictable situation."
ENDS
Media contact: Ross Henderson, Acting Communications Manager, Counties-Manukau Police, Ph 027 703 7329.