Inquest probes police lethal force
Concerns emerge over officer decisionmaking during fatal shooting
The coroner presiding over the inquest into the fatal police shooting of Shargin Stephens in Rotorua has raised concerns about the training of officers in using lethal force.
Coroner Michael Robb told a police expert witness at the inquest on Tuesday he wanted to understand the “threshold” in training on lethal force.
Stephens, 35, died in 2016 after he was tasered, pepper-sprayed then shot twice by police. In the five minutes before the shooting Stephens had attacked an empty police car with a slasher.
An IPCA report, released in 2022, found “unreasonable and oppressive” bail checks on Stephens by police may have contributed to his actions on the day of his death.
Coroner Robb began the inquest at Rotorua’s coronial offices in November and made a preliminary finding on August 23.
The coroner found the officer who pulled the trigger, referred to as Officer L05, had predetermined he would shoot Stephens if he did not drop the slasher, RNZ reported.
The 148-page report cannot be reported in full until after the coroner has heard from experts in the case and makes a final finding.
The inquest resumed in the Hamilton District Court on Monday with four members of Stephens’ whānau present.
All police officers who were involved in the shooting have name suppression.
Police College tactical trainer Senior Sergeant Graeme Sydney continued his evidence on Tuesday.
Coroner Robb referred Sydney to the earlier testimony of Officer L11, who was among the first on the scene.
“L11 has made the decision to run Mr Stephens over,” the coroner said.
“Is it the NZ police training position that that would be okay? That the use of grievous bodily harm or flying at him and running him over would have been okay at that point?”
Sydney said given the officer’s obligation to protect the public, using a vehicle to disable or incapacitate an individual was accepted.
“Is incapacitation a nicer way of saying lethal force or killing?” Coroner Robb asked.
“It’s stopping him,” Sydney said. The coroner asked if the officer was justified to cause Stephens’ death at that point in the incident.
“It’s certainly an option. It’s not the desired option but it’s certainly an option to stop that individual from carrying on and killing other people,” Sydney said.
“Well, he hasn’t killed anybody. This is what troubles me,” Coroner Robb said.
“I’m really trying to find out what the threshold for the training in NZ Police is on lethal force.”
Counsel assisting the coroner Christopher Gudsell, KC, asked Sydney if the sole factor of Stephens’ possession of a slasher in public could justify a shooting by police.
“Depending on some of the other circumstances around it. He’s showing
clear intent to use it,” Sydney said.
“So if he could keep running down the driveway that would warrant either the use of a vehicle or the use of a firearm to stop that person’s movement because – and solely because – there are public possibly around?” Gudsell asked.
“And he’s an imminent threat of grievous bodily harm or death, yes,” Sydney answered.
“If you’re training this scenario that would be something that you would train the officers? That that would be a justifiable course of action?” Gudsell said.
“Yes,” Sydney said.
The inquest also heard from Inspector Derek Sarney, programme manager for frontline and tactical training at the Royal New Zealand Police College
Sarney, reading from his brief of evidence, said the situation preceding the shooting was “highly dangerous, dynamic and unpredictable”.
“Only an armed officer could have safely stopped him.”
In response to questioning from counsel for the Stephens family, Charl Hirschfeld, Sarney said the second shot taken by Officer L05 was not redundant.
“We train our officers that they are to ensure an incapacitation.”
Sarney said officers would “operate the trigger” until they were “positive that incapacitation has been achieved.”
Sarney said candidates at Police College were given nine days’ training in the use of firearms.
“I think the nine-day programme could be extended.”
Sarney said police officers’ marksmanship ability was “wide-ranging” from poor to very good, and training to aim for the centre of C-mass was “about reducing misses”.
Sarney said police officers in 2016 received three days’ refresher training. Today, the number of days of refresher training has increased to seven annually and included modules and scenarios not available in 2016.
Hirschfeld asked if getting refresher training was straightforward or easy for police.
“No, it is not,” Sarney said.
“We can’t just turn up at a range and ask for more training.
“Officers are not budgeted for that. They are allocated 100 rounds per weapon, per year.”
“Do you believe things could be improved in that point?” Hirschfeld asked.
“I think any of my colleagues would agree that more training would be ideal for operational frontline officers.”
Sarney said he was not aware of the shooting of Stephens until two weeks ago.
I think any of my colleagues would agree that more training would be ideal for operational frontline officers. Inspector Derek Sarney