Officer should have quit pursuit

A high-speed police pursuit of a stolen car that ended in the death of a 15-year old passenger was justified, but should have been abandoned when the driver sped up the wrong side of a dual carriageway, an inquiry has found.

Fabian Jessie Mika and his three passengers passed a police officer at speed in the stolen Toyota Hilux on New Brighton Rd in Christchurch on February 22 last year.

The officer activated his patrol car lights and siren but Mika failed to stop and sped up to about 90kph in a 50kph zone with the officer in pursuit.

The officer was advised the Hilux may have been involved in an alleged aggravated robbery earlier in the evening.

Mika soon turned left into the wrong side of Linwood Avenue -- a dual carriageway.

The officer kept following him, and twice failed to hear police communications telling him to abandon the pursuit as the risk was too great.

He heard the third order to abandon, and immediately acknowledged the instruction, deactivated his lights and siren and pulled to the side of the road.

Mika further accelerated along Dyers Rd. Passengers reported he was doing about 150km/h and pleaded with him to slow down.

Around one minute later, another police patrol saw the Hilux had crashed on Dyers Rd in a reduced speed area of 50kph due to road works.

At the scene, police arrested two passengers, who had suffered minor injury.

Ethan Takitimu-McKenzie, 15, died from injuries suffered in the crash.

Mika fled the scene but was later arrested.

He was sentenced at the High Court in Christchurch to six years and nine months jail in September last year after pleading guilty to charges of manslaughter, driving while forbidden, failing to stop or ascertain injury and failing to stop when followed by red and blue flashing lights.

Mika appealed against his sentence which the Court of Appeal dismissed on December 12 last year.

The Independent Police Conduct Authority (IPCA) today released its report into the pursuit which lasted almost six minutes and covered approximately 9km.

It found police "generally complied" with policy in the early stages of the pursuit.

But the chasing officer should have pulled out of the pursuit when Mika went up the wrong way of a dual carriageway.

"His decision to do so posed an unjustified risk to members of the public, the police, Mr Mika and his passengers," said IPCA chairman, Judge Sir David Carruthers.

However, he stressed the "tragic incident" was caused by Mika's actions.

The IPCA, which is working with police to revise policies connected with the pursuit of fleeing drivers, recommends "a strong presumption against pursuits on the wrong side of a dual carriageway that may be overridden only in highly exceptional circumstances".

Canterbury District Commander, Superintendent Gary Knowles said police accepted the IPCA's findings that the pursuit should have been abandoned earlier.

"Police accepts that while some aspects of the pursuit were ultimately found to be unreasonable and unjustified, the crash was clearly caused by Mr Mika, who ignored all reasonable requests to stop, resulting in the tragic death of one passenger and injuries to others," he said.

He said fleeing driver incidents are among the most challenging situations that police face due to the "fast-moving, unpredictable, high pressure" nature of the incidents that require quick decisions.

 

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