The police were justified in shooting a man wielding a machete in South Auckland last year, a police watchdog has found.
Photo: RNZ / Richard Tindiller
The Independent Police Conduct Authority (IPCA) has found that an officer was justified in shooting Hitesh Lal who was attacking him with a machete in Papatoetoe.
According to the IPCA, a police dog handler responded to 111 calls that a man was damaging property on a street with a machete just after 1am on 20 April 2020.
When the officer arrived, he heard the sound of "fearful" screams and crying.
He then saw Lal, who appeared to be trying to get through a smashed window at the front of the house from where those cries were coming.
Lal challenged the officer as he approached, turning and moving towards him. Lal was holding a machete above his head and was making slashing motions at the officer.
The officer immediately started backing away, fearful of the threat he faced.
He was controlling his dog with one hand and drew his pistol with the other while screaming instructions at Lal to drop the weapon, while Lal was screaming "shoot me, shoot me".
The officer called for urgent assistance on the radio as he backed up for about 30 metres down the street, with Lal continuing to swing the machete at him.
Lal then corralled him down a driveway, at the end of which he had nowhere to go and Lal continued to approach with the machete.
The officer made the assessment that his dog would be ineffective and so fired two shots at Lal who fell to the ground after the second shot.
Other police officers arrived at the scene shortly afterwards and immediately provided first aid.
Emergency Medical Technicians arrived and continued with first aid, however, Lal died at the scene.
IPCA chairman Judge Colin Doherty said at the time the officer fired each of the two shots, Lal was attacking him with a machete.
"The only possible alternative the officer had was to deploy his dog. The officer made the assessment that this was not the appropriate option in the circumstances.
"We agree with that decision and therefore find that his actions in firing two shots at Mr Lal in self defence were justified".
Counties Manukau District Commander Superintendent Jill Rogers said the officer was put into a situation where he had no choice but to use a firearm to ensure his own safety.
"This incident was absolutely devastating for the officer and had an outcome no one wanted," she said.
"Our hearts also go out to Mr Lal's family as they have lost a much-loved family member. This incident reminds us of the dangers of policing and the real risk our officers can face."
She said the job of the police is to prevent crime and protect our community and this is the last situation they would ever want to be in.
"Our officer continues to be well-supported by their colleagues and is a valued member of the New Zealand Police family."