16 Nov 2023

Police justified in shooting man with sponge rounds - IPCA

1:26 pm on 16 November 2023

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An independent investigation has found a police officer was justified in shooting a man with sponge rounds and did not assault him.

The Armed Offender Squad entered the man's Invercargill property to search it in July last year after a package containing Class A drugs was intercepted

It caused the man to flee into a wooded area with the package which no longer had drugs in it, pursued by the police.

He jumped into a hole in the ground with his back towards the police, and was told to show his hands.

The police state the man was shot in the back twice after refusing to surrender, instead appearing to load a shotgun.

The Independent Police Conduct Authority said it was a reasonable, but mistaken assessment that he had a firearm.

"Although Officer A held a mistaken belief, we accept that it was a reasonable perception of the situation and genuinely held.

"The man was a high-risk offender with a history of firearms convictions; most relevantly, the unlawful possession and reckless discharge of firearms.

"Officer A's stated belief was also held by another officer, and the Taser footage corroborates that the man's movements could reasonably be interpreted in this way."

The authority also investigated the man's claims that his ribs were fractured after officers assaulted him while handcuffed, finding his injuries were not consistent with the medical evidence.

Relieving Southern District Commander acting Superintendent Shona Low said the officers responded appropriately to the situation as they saw it unfolding.

"Our (Armed Offender Squad) staff attending this incident were incredibly professional dealing with a high-risk offender with a history of firearms convictions.

"The officers involved acted quickly to prevent any risk to themselves and their colleagues and to ensure a safe arrest."