Police face new probe into the killing of Steven Wallace

more than 8 years on ...

http://www.nzherald.co.nz/section/1/story.cfm?c_id=1&objectid=10520080&pnum=0

Police face new probe into street shooting
Saturday July 05, 2008
Patrick Gower



On April 30, 2000, Steven Wallace walked down the main street of Waitara in Taranaki, smashing shop windows with a golf club and a baseball bat.

He was shot dead by Senior Constable Keith Abbott who was acquitted of murder but later criticised in a coroner's inquiry. Now - eight years after the shooting - a new independent body in charge of police conduct is investigating the killing.

A new inquiry into the 2000 shooting of Steven Wallace has started.

The Independent Police Conduct Authority is investigating possible misconduct or neglect of duty by the officers involved.

The new authority has reviewed the shooting and found "matters that require further independent investigation".

Authority head Justice Lowell Goddard, QC, has made a symbolic visit to the scene of the shooting on Waitara's main street as part of the 10-month inquiry.

Mr Wallace's family, witnesses and several police officers - included the shooter, Senior Constable Keith Abbott - have been interviewed.

The extensive inquiry into the contentious shooting suggests Justice Goddard is determined that the IPCA will make its mark as an independent civilian oversight of the police, unlike its much-criticised predecessor, the Police Complaints Authority.

Justice Goddard has also visited Ruatoki as part of an inquiry into police actions in the Tuhoe terror raids.


The IPCA is aiming to release its findings on Mr Wallace's shooting in October and police must act on its recommendations - which could include that disciplinary action be taken against officers.

Mr Wallace, 23, had been walking down Waitara's main street breaking shop windows with a golf club and a baseball bat before Mr Abbott killed him with two shots from a pistol.

The IPCA would not go into specifics of its inquiry, saying that it was "looking at everything from when the police were called out" and "questions of misconduct and neglect of duty".

The former authority used police officers to complete its inquiries into Mr Wallace's shootings.

The result of these was never made public because of its practice of not reporting until police investigations, court hearings and a coroner's inquest were completed.

The coroner ruled on Mr Wallace's death in August last year, allowing Justice Goddard to "resume" the inquiry with the IPCA's independent investigators.

Justice Goddard said the eight-year delay was regrettable, and the IPCA had changed its practice of waiting for an inquest.

The authority had reviewed evidence from the Wallace family's unsuccessful private prosecution of Mr Abbott for murder.

And it was taking Coroner Gordon Matenga's ruling into account.

Mr Matenga's criticisms that Mr Abbott and the other officers involved, Constable Jason Dombroski and Sergeant Fiona Prestidge, erred in decision-making and had a lack of leadership were dismissed by Commissioner Howard Broad last year.

Mr Broad said he had "nothing but praise for the officers involved".

Police headquarters declined to comment yesterday on the IPCA inquiry, as did Mr Abbott's lawyer, Susan Hughes, QC.

Police Association president Greg O'Connor criticised the inquiry, saying it was an attempt to "satisfy the unsatisfiable".

Mr O'Connor linked the inquiry to recent criticism of police for being "tentative" before going in to assist fatally shot Manurewa liquor store owner Navtej Singh.

"The only thing police are tentative of is shooting someone because this is what they have to go through," Mr O'Connor said.

The police had "moved on" from Mr Wallace's shooting through "review after review".

"But the system just won't let this go away".

Mr Wallace's mother, Raewyn, hoped the inquiry "gets us the truth".

She was pleased the IPCA was independent and was looking at issues over police actions and procedures raised, but not necessarily addressed, in the private prosecution and the inquest.

"Justice Goddard came to where it happened. She looked and listened. I appreciated that."

STEVEN WALLACE: THE INQUIRIES

April 2000: Senior Constable Keith Abbott shoots Steven Wallace dead.

Police homicide inquiry begins. Police Complaints Authority begins separate inquiry, saying it will not report back until after the coroner has ruled.

June 2000: Police homicide inquiry clears Mr Abbott of criminal charges.

May 2001: Coroner opens inquest, but it is adjourned while the Wallace family take a private prosecution.

December 2002: Jury clears Mr Abbott of murder.

July 2003: Coroner reopens inquest, but it is delayed by legal challenges from Mr Abbott's lawyer.

September 2005: Coroner resumes inquest.

August 2007: Coroner releases findings.

November 2007: Independent Police Conduct Authority formed with new powers and Wallace inquiry gains new impetus.

see also:

http://uriohau.blogspot.com/2007/06/shooting-of-steven-wallace.html

http://uriohau.blogspot.com/2007/08/steven-wallace-coroners-report-released.html

Steven Wallace: Coroner's report released

white wash, brown wash Steven Wallace was murdered by the pigs just
like Paul Chase and many others before him. Haere Atu Poaka!!!!

"3.5 The key to that historic context is that the Police exist to
enforce the will of the State, and that when the Force was established
in this country that will was to dispossess Maori. The Police culture
that developed in that context therefore saw Maori not just as
criminals, but as enemies of the State.

3.6 The will of the State was particularly enforced in Taranaki, and
the sacking of Parihaka was carried out by the "armed constabulary" as
part of a process to subordinate Maori to the authority of the Crown.
That will was obviously political, but it was also cultural because it
was sourced in an essentially racist view that Maori needed to be made
subject to the values and institutions of a "superior" people. The
Police as an organisation helped shape, and was shaped by, that culture.

3.7 As a result a tension was established between the Police and Maori
that was exacerbated rather than minimised when the State withdrew
from military conflict with Maori. Indeed as Maori society was
impoverished by the consequences of colonial dispossession Maori
ceased to be the "rebels" and became instead the poor who seemed to
fill the jails as criminals. The tensions between the Police and Maori
took on a new form, but they remained."

http://www.apc.org.nz/pma/smoana.htm



two corporate spin stories below ...

http://www.nzherald.co.nz/section/1/story.cfm?c_id=1&objectid=10455677

Coroner criticises action of police officers in Waitara shooting

3 August 2007

The two police officers at the scene of the fatal shooting of Waitara man Steven Wallace should have formulated a plan before approaching him, Hamilton District Court Coroner Gordon Matenga said today.

Wallace, after breaking a number of shop windows and brandishing a golf club and a baseball bat, was fatally shot in April 2000 by police in Waitara.

Mr Matenga's inquest findings, seven years after the incident, were delayed due to a murder trial brought against Senior Sergeant Keith Abbott.

Mr Abbott was acquitted of the charge.

The coroner's findings released today detailed the circumstances surrounding Wallace's death, examined police policy in dealing with violent offenders and looked at what first aid care was given to Wallace after the shooting.

On the evening of April 29, 2000, Wallace had driven into the Waitara township after an argument with his sister and father. He had previously been drinking at a local nightclub.

Once back in town, Wallace proceeded to smash a number of shop windows with a golf club.

Mr Abbott arrived at the scene about the same time as Constable Jason Dombroski and Constable Herbert in another police car.

Mr Abbott then saw Wallace smash the windscreen and side window of Mr Dombroski and Ms Herbert's car - at which stage Mr Dombroski asked police communications to tell Mr Abbott to arm himself.

Both officers subsequently retrieved guns from the police station while Ms Herbert observed Wallace.

During this time the officer's commanding officer, Sergeant Fiona Prestidge, had left the command centre in New Plymouth to get to the scene and had ordered a dog team to get to the area.

Mr Dombroski knew the dog team was on its way, but failed to tell Mr Abbott.

Both officers approached Wallace who threw the golf club at Mr Abbott, which missed him. At the time he was threatening to kill Mr Abbott.

While Wallace was closing in on Mr Abbott, Mr Abbott fired a warning shot and then a fatal shot at Wallace. He died in hospital a short time later.

- NZPA

http://www.radionz.co.nz/news/latest/200708031916/coroner_critcises_police_over_wallace_shooting

Coroner critcises police over Wallace shooting

03 Aug 2007

A coroner has criticised three Taranaki police over the shooting of Waitara man Steven Wallace in the town's main street seven years ago.

His findings, released on Friday, show that the officers involved showed a lack of leadership and did not properly plan their approach.

Mr Wallace was advancing on Constable Keith Abbot with a baseball bat, threatening to kill him, when the officer shot him in April 2000.

The 23-year-old died of a heart attack four-and-a-half hours later.

Coroner Gordon Matenga has found that the three officers' lack of leadership or command in responding to Mr Wallace was a result of their own performance rather than a failure of police procedures.

However, he recommends a review of police dog policies.

Two years ago, Mr Matenga investigated whether police followed proper procedure and offered enough medical help.

He did not determine whether police used excessive force, saying a jury in the Wallace family's private murder prosecution decided the degree of force was not unreasonable given the circumstances Mr Abbott believed he faced.

Central district police commander, Superintendent Mark Lammas, says things could have been done differently, but it was Mr Wallace who dictated the events of that night

Mr Lammas says a Police Complaints Authority report is still to be released, but there will be no disciplinary action against the officers.

Copyright © 2007 Radio New Zealand

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Peace Movement Aotearoa (PMA)
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Tel +64 4 382 8129, fax 382 8173 email pma@...
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Wallace shooting report due soon

Sunday July 15, 2007
By David Fisher

A finding into the death of Waitara's Steven Wallace is imminent, signalling an end to public inquiries about the seven-year-old police shooting.

Coroner Gordon Matenga said he was finalising the report into Wallace's death and expected to release it "soon".

It is expected to be made public by the end of the month.

Wallace was fatally shot by police officer Keith Abbott in April 2000, after smashing windows and a police car with a baseball bat and golf clubs, and threatening to hit Abbott.

The death sparked a range of inquiries, with Wallace's family voicing anger at what was seen to be a lack of police accountability. The family launched a private murder prosecution against Abbott, in which he was acquitted by a jury.

The coroner's hearing was initially set for 2001 but was postponed until 2005 until the private prosecution had been completed. Matenga, who also examined police policies on violent offenders and first aid, heard the case but reserved his decision.

The lengthy delay has caused frustration for both the Wallace family and the Police Association.

Matenga told the Herald on Sunday: "I'm in the process of completing these findings. They should be available soon."

Asked if he meant weeks or months, he said "Not months. I know there's a sense of frustration from everyone."

The completion of the coroner's inquiry means the final step in the process can also be completed.

The findings of a Police Complaints Authority inquiry into the shooting will follow Matenga's report within months.

Wallace's mother, Raewyn, would not comment. Ron Mansfield, the family's lawyer, said comment would not be made until the finding was released.

http://www.nzherald.co.nz/section/1/story.cfm?c_id=1&objectid=10451563

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Peace Movement Aotearoa (PMA)
the national networking peace organisation
PO Box 9314, Wellington 6141, Aotearoa New Zealand
Tel +64 4 382 8129, fax 382 8173 email pma@...
PMA website - http://www.converge.org.nz/pma
Not in Our Name - http://www.converge.org.nz/pma/nionnz.htm
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>> war on terrorism? war is terrorism <<
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The shooting of Steven Wallace

8 May 2000

Steven Wallace was shot dead by a police officer over a week ago after smashing windows with a baseball bat and golf club. There is still no official explanation as to why this happened. Police spokespersons have said that the police homicide enquiry may take several weeks; while the Police Complaints Authority enquiry may take several months. There are serious discrepancies between the reports from witnesses and the brief statement issued by the police about what happened at the time of the shooting.

Given the anguish of Steven’s family and friends, and the depth of public concern about the shooting, surely by now the police have sufficient evidence to answer the most pressing questions. Why did police officers decide to arm themselves with guns when Steven was obviously not carrying a firearm himself ? Why didn’t they choose another option to stop him - for example, by waiting for the dog unit which was apparently on its way from New Plymouth ? Why was Steven shot four times ? Why were local people who tried to offer him comfort and assistance as he lay bleeding and dying in the street for 20 minutes prevented by the police from going near him ? Why is this young man dead ?

In a region where injustice is the common theme for Maori stretching back more than one hundred and fifty years through land confiscation, peaceful resistance which ended in incarceration and death for some, there is a strong feeling that this is another atrocity to add to a long list.

Steven’s death is not seen as a tragedy, it is seen as an outrage. In the short term, the answers to the questions above have to be forthcoming, and justice has to be found for the loss this shooting has brought to Steven’s family and friends. Without this there is no chance whatsoever for healing even to begin.

TITOKOWARU (?–1888).





Maori warrior.

A chief of Ngati Ruahine tribe of South Taranaki, Titokowaru was prominent as a prophet and priest. He was responsible for organising a campaign against Government forces by gathering picked fighting men around him from neighbouring tribes. A most skilful warrior, he was second only to Te Kooti in guerilla warfare and trained his men in bush fighting, surprise attacks on small military posts, ambushing, and enticing untrained white troops into unfamiliar terrain.

Titokowaru's pa was Te Ngutu o te Manu, deep in the rata forest near Hawera. In his large assembly hall and temple he selected his war party by curious methods of divination, using his sacred staff. During the attack on his pa in 1868, when Von Tempsky was killed, Titokowaru walked up and down the clearing inside the stockade, disregarding bullets, and, spear in hand, recited prayers to ancient Maori gods. After the battle–a victory–he stood with his hands resting on his spear and in a croaking voice ordered the 20 white bodies to be burned. Then he farewelled Von Tempsky's corpse before lighting the funeral pyre.

His most famous victories were at Te Ngutu o te Manu and Moturoa where Government forces were heavily defeated. Maoris attribute his decline of power to an illicit liaison with another chief's wife at Tauranga-ika pa. This circumstance was fatal to his own prestige and sanctity so that he was no longer “the invincible war priest and war captain of his people”. After stands at Otautu and Whakamara, Titokowaru was harried by Wanganui Maoris until he finally abandoned the district, with his power broken, never to fight again. He settled at Kawau pa in the upper Waitara Valley until 1875, and died in 1888.

Remembered for his outstanding military leadership, he was a master tactician in guerilla warfare; as an engineer he modified the fortified pa and made it virtually indestructible, even to artillery and mortar fire. In later years he came under the influence of Te Whiti and led the ploughing parties at Parihaka.

http://www.newzealandwars.co.nz/cam_southtaranaki.html
http://www.converge.org.nz/pma/waitara.htm