Confusion over shots fired by police

COURIER DRIVER: Halatau Naitoko, 17, here with his daughter, was accidentally shot by a policeman during a pursuit of Stephen McDonald.

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A police officer recalls firing just two shots out of three that a forensic scientist says could have been the one that killed a courier driver.

Halatau Naitoko, 17, died instantly when a police-issue .22 bullet hit him in the chest during a motorway shootout in Auckland.

"I heard another one or two `pop' sounds [shots fired] but I do not believe I discharged more than two shots and I know that another firearm was discharged other than mine," the unnamed armed offenders squad officer said in a witness statement.

It was produced yesterday as part of evidence in the Auckland Coroner's Court at an inquest into the young father's death. Mr Naitoko was killed when he was caught up on January 23 in the northwestern motorway shootout as police chased Stephen Hohepa McDonald, 50.

McDonald was later jailed for 13 years on 23 charges relating to the incident.

ESR scientist Kevan Walsh said yesterday that Mr Naitoku was sitting in the driver's seat of his white van when the bullet hit him.

It entered the left side of his chest and fragments pierced his heart. The bullet did not ricochet off any other objects, Mr Walsh said. He concluded the AOS officer, called officer A84, had fired three shots. He was tracking the movements of McDonald, who was firing his own firearm and trying to hijack a vehicle.

Two of the bullets struck the truck of bystander Richard Neville, whose arm was hit by fragments of a bullet. The third killed Mr Naitoko.

In written evidence, taken from a police interview with officer A84, he said: "When I fired the first shot the offender was moving around. He was trying to get into the passenger door of the truck. While the offender was somewhere between the passenger's door and the tray of the truck I took a second shot. He quickly climbed on to the deck of the truck."

The officer said that he did not believe he discharged more than two shots and said another firearm was firing. "I saw the driver of the white van behind him was leaning over the steering wheel. He appeared to be looking down towards the back of the Subaru."

Mr Neville, in statements appended to Mr Walsh's evidence, said he initially tried to run over McDonald to stop his rampage. But McDonald ran round and climbed on to the back of his flatbed truck.

"I stomped on the brake, hoping [McDonald] would fall off the truck. Through the window I saw him lose his balance and fall forwards towards the headboard of the truck.

"Then I heard a big bang ... I was aware that a firearm had gone off really close to me. My arm felt as if it had been peppered with little hot spray or stuff."

The inquest was adjourned until March 1 while police go to the High Court tomorrow in an effort to stop the AOS officer being forced to take the stand.