Police action 'haphazard' after chase ends in injury

Police have been chided for how they deployed road spikes to try to stop an armed robber who caused a wild and destructive car chase.

The Independent Police Conduct Authority has investigated the police response to an armed robbery in Pukekohe on September 2 last year.

The fleeing driver sped off in a stolen BMW and eventually crashed into a ute, causing injuries to an innocent motorist.

After the robbery at the local Westpac bank, Michael Rai and Joshua Baker fled in the BMW.

Police soon saw the car but the driver, Mr Rai, failed to stop when signalled to do so.

In a report released today, authority chairman Judge Sir David Carruthers said the way police used road spikes during the pursuit was "haphazard" and placed police staff and other road users at risk.

The authority said after the robbers sped off, police pursued them at high speed along State Highway 22 and the Southern Motorway. During the chase, police twice tried spiking the BMW.

"Mr Rai avoided the road spikes in the first instance by driving on the wrong side of the road. He then drove between two lanes of oncoming traffic on several occasions and through two sets of red traffic lights before driving back towards the officers," the report said.

"The officer then decided to use the road spikes a second time but found them tangled from the first attempt. Despite this he threw the clump of spikes onto the road which Mr Rai easily avoided."

The pursuit continued north along the motorway towards Papakura.

"Just past the Beach Road overbridge, the BMW came up behind a silver ute being driven by Hugh Foster. By this time, the BMW was travelling at such a speed, around 160kph, that Mr Rai was unable to avoid hitting Mr Foster.

Both vehicles then rolled several times before coming to a stop," the report stated. Police later learned the BMW was stolen earlier that morning.

"Mr Foster received serious injuries, including a broken neck, in the crash," the report continued.

"Mr Rai was arrested and sentenced to a term of imprisonment for aggravated robbery, dangerous driving causing injury and failing to stop for Police. Mr Baker, who also sustained serious injuries, was arrested and sentenced to a term of imprisonment for aggravated robbery and unlawfully taking a motor vehicle."

Sir David said Mr Rai caused the accident, and in turn the injuries to Mr Foster.

"However, the authority has found that police failed to comply with police policy with regards to commencement, communication, risk assessment and abandonment of the pursuit. Police also failed to comply with police policy during the two attempts to lay the road spikes," Sir David said.

The authority said police were now reviewing their use of spikes and considering how they could better communicate with one another when spikes needed to be deployed.

"The authority also notes its work with police on the policies governing the pursuit of fleeing drivers. This work is well advanced," the report concluded.

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