Shargin Stephens was fatally shot by police in 2016. Photo: RNZ/Vinay Ranchhod
- Inquest into fatal police shooting of Shargin Stephens resumes
- Eyewitness accounts concluded, expert evidence expected
- Factual finding already made, but not yet public
An inquest into the fatal police shooting of Rotorua man Shargin Stephens will resume on Monday, with expert evidence expected.
Stephens, 35, was shot by police in July 2016 after attacking an empty patrol car with a slasher. He died 12 days later in Waikato Hospital.
An inquest began in November in the Rotorua District Court but was adjourned part-heard when witness evidence and questioning took longer than expected.
In that hearing, presided over by Coroner Michael Robb, the court was told that Stephens was bail checked by police 70 times in 38 days, sometimes in the middle of the night.
Stephens amassed 72 convictions between 1997 and 2015 for property offending and and vehicle crime. Nineteen of those offences were committed while he was on bail.
Police said the checks were to ensure that Stephens, who was on electronically monitored bail on drug and burglary charges, was complying with conditions not to use drugs and alcohol.
An Independent Police Conduct Authority investigation in 2017 deemed the bail checks "reasonable" and unrelated to Stephens' actions on the day he died.
Coroner Peter Ryan accepted the IPCA finding and said police were justified in shooting Stephens.
But Stephens' whānau pressed for a judicial review challenging that ruling and sought a full inquest.
In 2022, discrepancies in the case revealed by RNZ prompted a new IPCA investigation. This one found that the bail checks were oppressive and a possible factor in the shooting.
Stephens, a pruner who had completed a course in orchard management three months before his death, at one point texted a friend at 2am saying: "F*** this bro, they won't let me sleep".
A new coroner's inquiry was opened and a full inquest ordered.
During the first part of the 2023 hearing, a lawyer assisting Stephens' whānau questioned police over the reason for the high number of checks.
"[Imagine] police officers constantly turning up to your home with the frequency they did with Shargin and not conducting a valid bail check. That would be harassment, wouldn't it?" Susan Grey said.
Police denied it was harassment.
The inquest also heard from eyewitnesses to the shooting, including the police officer who fired the fatal shots, whose name is suppressed.
On the day he was shot, Stephens took a slasher to attend to weeds at his grandmother's grave for an unveiling.
But when he saw a patrol car near his house, he attacked it with a gym weight, according to police.
Stephens was chased to Te Ngae Road where an officer yelled at him to put the weapon down.
The officer broke down during his evidence in 2023, telling the inquest he felt his life was at risk when Stephens raised the slasher.
He raised his rifle, pointed at him and yelled: "Put your weapon down. Put your weapon down".
The court heard Stephens took two steps and raised the slasher above his shoulder before he was shot twice by the officer, referred to as officer LO5.
The inquest will resume in the Hamilton District Court on Monday. It is expected to take a week to hear the remaining evidence.
A spokesperson for the Coroner's office said the evidence covered in the first part of the inquest included all eyewitness accounts and the resumed inquest would hear from witnesses on a range of issues, including concerns raised by Coroner Robb in respect of police actions.