A motorcyclist crashed and died shortly after a police pursuit earlier this year – with a watchdog finding the officer failed to comply with police policy during the chase.
The crash occurred on State Highway 30 in Whakatāne on March 16.
The Independent Police Conduct Authority (IPCA) today revealed the motorcyclist was pursued by an officer before the crash but, “on the available evidence, the authority was unable to conclude that the officer’s actions caused the motorcyclist’s fatal crash”.
“The motorcyclist crashed a short time after the officer abandoned the pursuit, and died at the scene.”
The incident
The officer recorded the Harley Davidson travelling at 115km/h in a 60km/h zone just before 6pm, and signalled the rider to stop, the IPCA said.
“However, the man continued riding on State Highway 30. The officer followed the motorcyclist for 5km under lights and sirens, at speeds of between 140km/h and 160km/h, before abandoning the pursuit,” the IPCA said.
“About 1km later, the man attempted to pass a car on a sweeping bend. He collided head-on with an oncoming car, resulting in the crash.”
The officer had failed to failed to comply with police “fleeing driver” policy, the IPCA found.
“The authority found the officer should not have pursued the motorcyclist and should have abandoned sooner,” the watchdog said.
“He did not adequately consider the risks associated with pursuing a motorcycle travelling at high speeds. The risks outweighed the seriousness of the offence and the necessity to apprehend him then and there.
“The authority found the officer failed to comply with policy when initiating the pursuit and by not stopping as soon as he was able to do so after abandoning.”
The officer also failed to communicate with the Emergency Communications Centre during the pursuit, the IPCA said – another breach of policy.
“The current ‘fleeing driver’ policy does not explicitly include the use of motorcycles as a consideration in fleeing driver events. The authority recommended police include the use of motorcycles as a known risk in policy, and that any decision to pursue a motorcyclist should only be made in the most extreme circumstances.”
Police response
Bay of Plenty Police District Commander, Superintendent Tim Anderson, extended condolences to the family and loved ones of the rider who died — but said there was no evidence to suggest the officer’s actions caused the crash.
“The officer had signalled the motorcyclist to stop as he considered the excessive speed the motorcyclist was travelling at clearly presented a significant risk to not only the motorcyclist himself, but to all other road users who were driving lawfully,” Anderson said.
“The officer was absolutely correct in this regard and did the right thing by attempting to stop the motorcyclist, who was travelling at almost twice the speed limit when initially observed by the officer.”
Anderson said the officer “was doing their very best in these circumstances and was affected by this outcome”.
Superintendent Steve Greally, director road policing, said police noted the IPCA’s recommendations and would consider them when implementing future revisions to the fleeing driver policy.