Auckland cop to blame for pregnant driver's injury after deploying road spikes - watchdog

March 6, 2019

An Auckland police officer deployed road spikes too early in a pursuit, causing injury to a pregnant woman who wasn't involved in the chase, the police watchdog has found.

In a report released today. the Independent Police Conduct Authority acknowledged that the use of road spikes could have been the right tactical option. But the officer should not have deployed them as he did not undertake an adequate risk assessment or comply with police policy, the report states.

On February 28, 2018, at about 1.52pm, police in Manurewa began to pursue a stolen Mazda northwards of State Highway 1. The pursuit continued towards the Johnstone Hill tunnels, south of Pūhoi.

An officer driving an unmarked police car was listening to the pursuit over the police radio and became concerned the fleeing driver would reach a dangerous section of road between Pūhoi and Warkworth, the IPCA reported. 

He realised he was the only officer in a position to lay road spikes before the fleeing driver reached this stretch of road.

The officer was given permission to lay road spikes at the northern exit of the Johnstone Hill tunnel, but the specific location he chose for the deployment did not comply with police policy to ensure the safety of him and other road users. The officer was also not clearly identifiable to road users, as he was not wearing stab resistant body armour or a high visibility vest. He also had not activated the emergency lights of his police car, the IPCA found.

The police officer misjudged the speed of oncoming traffic and threw the spikes into the path of a vehicle driven by a pregnant woman. She braked to avoid the spikes, causing the Mazda to crash into the back of her car and push her over them.

The pursuit ended a short time after.

The woman sustained injuries and was taken to hospital. She has since given birth to a healthy baby.

Authority Chair, Judge Colin Doherty said, “In his haste to deploy road spikes to stop the fleeing driver, the officer did not consider the basic principles of police policy and prioritise the safety of other road users and himself. As a result, an innocent member of the public suffered injury and trauma."

Superintendent Naila Hassan, Waitemata District Commander, said police accept the IPCA’s findings.

"This officer’s actions were made in good faith and they acted with the best of intentions," she said. "However I do acknowledge the officer made errors on this day in the deployment of road spikes and I accept that their actions did not comply with police policy.

"Police have reviewed this matter to evaluate what learnings can be taken from this incident."

An employment investigation was conducted and the officer received further training around the deployment of road spikes.

"We have also apologised to the victim in this matter and expressed regret over what has taken place, while also offering her victim support," Mr Hassan said.

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