A man accused of taking his family on a high-speed police chase through North Otago has had his charges thrown out over a police blunder. Rheinen James Knowles, 23, appeared in the Dunedin District Court yesterday after pleading not guilty to reckless driving, driving while disqualified and failing to stop for police. His counsel Philip Ross argued Senior Constable Greg Dunne, who witnessed the wild driving and identified his client as the culprit, did not undertake a photo-montage-identification process as was prescribed by the Evidence Act. The officer would have been presented with a board bearing the images of several similar-looking people, including Knowles, and had to pick out the person he believed he had seen. Mr Ross said the legislation dictated that such a process must be followed unless there was “good reason” not to. Judge Noel Walsh, who presided over yesterday’s brief trial, agreed no good reason had been raised. He said Knowles’ actions on the day in question were “highly suspicious”, but dismissed the charges because the police had not followed the correct procedure. Snr Const Dunne, an officer with more than 40 years’ experience, told the court he was patrolling State Highway 1, north of Maheno, in an unmarked car on the afternoon of November 20. He described clocking a silver Ford Mondeo at 118kmh, travelling in the opposite direction and activating his lights. As the car sped past, Snr Const Dunne said he “locked eyes” with the driver, whom he described as a young, bald man wearing headphones. Mr Ross suggested it would have only been a split-second viewing, but the officer said he looked directly at the driver for up to three seconds. Snr Const Dunne performed a U-turn and gave chase. The attention prompted the driver to pass several vehicles, crossing the centre line into oncoming traffic. One heavy vehicle towing a trailer had to swerve to avoid a collision, the court heard. Snr Const Dunne saw the Ford pass another two cars on a blind corner, then reach speeds up to 156kmh. Safety risks resulted in him ending the chase, but he called ahead to colleagues to cut off the driver in Herbert. Officers eventually found the Ford halfway down a farm driveway. Black-and-white tape had been used to give the appearance the vehicle had a different number plate, the court heard. A police dog found the defendant — along with his mother, sister and a teenage male — hiding out in nearby bush. Snr Const Dunne said he identified Knowles as the driver as he was brought across farmland. “I was happy with my identification of him,” he told the court. Snr Const Dunne said he did not believe the photo montage was necessary as Knowles was wearing a GPS bracelet at the time and his movements coincided with that of a car. The defendant’s fingerprints were also found on the driver’s door, the roof panel above it and on the altered number plate, the court heard. Judge Walsh stressed Snr Const Dunne had never met Knowles before and his view of the driver would have been “fleeting”. There were famous cases, he said, where well-meaning witnesses had given unreliable identification evidence. The charges could not be proven beyond reasonable doubt, he ruled. Knowles remained in custody on other matters. rob.kidd@odt.co.nz
