Police watchdog clears officers who shot man at Hastings primary school netball court

July 15, 2020

The shooting of a man believed to be armed with a firearm on the grounds of a Hastings primary school last year has been found to have been justified, according to a report released today by the independent police watchdog.

It comes after police were called following reports of a man behaving in a threatening manner on the grounds of Flaxmere Primary School on December 17, 2019, the Independent Police Conduct Authority said in its report.

Officers who attended the scene saw the man had a firearm tucked into the front of his clothing, authorities said. One of the officers went to retrieve firearms from the police vehicle, and a police dog was deployed to help arrest the man.

The man then ran out of the school grounds, with three officers taking chase.

The man then ran through a residential property and back onto the school grounds onto the school netball court, where the officers ordered him to drop his weapon, they said.

However, before the dog could reach him, the man pulled out what was believed to be a pistol and appeared to chamber a round, authorities said.

One of the officers used a Taser in an attempt to stop the man but was unsuccessful due to the distance. At the same time, a second officer fired once at the suspect, seriously injuring him. He required surgery, but has since fully recovered from his injuries.

The man's firearm was later revealed to be an air pistol.

Authority Chair Judge Colin Doherty said he accepted the officer genuinely believed the man could seriously hurt or kill his colleagues who were exposed from cover, and he fired the shot to defend them.

"Faced with what the officer perceived as the real and imminent threat of severe injury or death to his colleagues, his actions in using the rifle were justified and reasonable," Mr Doherty said.

The authority also found that the officers complied with policy when arming themselves, and that police managed the incident appropriately to ensure their response was coordinated and properly resourced.

Eastern District Commander Superintendent Tania Kura said today in a statement that the incident was an example of the "dynamic decision-making our officers are expected to make every day, in order to keep themselves and other people safe".

“This was an evolving situation where an agitated individual with a weapon posed a risk to not only our staff, but pupils and staff members of a primary school," Ms Kura said.

The school was locked down for around one hour across the end of the school day until the situation was resolved.

The man is currently serving 18 months in prison after pleading guilty to a charge of unlawfully carrying an imitation firearm.

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