Police push for secret names

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Police officers who shot dead a teenager are going to unprecedented lengths, including requesting to use a Darth Vader-style voice distorter in court, to keep their identity a secret.

The officers – known only as Officers A81 and A84 – went to the High Court at Auckland yesterday because they fear being "paraded" before the media and the family of the dead youth, Halatau Naitoko.

Their lawyer proposed they be allowed to give evidence to a coronial inquest from a side-room using a "surrogate witness" or use a Darth Vader-style device to disguise their voices.

Mr Naitoko, 17, died instantly when an Armed Offender Squad officer hit him during a motorway shootout in Auckland on January 23.

This week Mr Naitoko's inquest was adjourned so the two officers could challenge a court ruling forcing them to take the stand. Their lawyer, Todd Simmonds, said the coroner's request would mean "parading them before a courtroom" packed with media and family.

Naitoko family lawyer Colin Pidgeon QC said it was important the officers gave evidence in open court. Campaigners and experts questioned yesterday why the two officers should be given special treatment.

Louise Nicholas, the complainant in a rape case against three former police officers, who were all acquitted, said the two officers were obliged to "front up" to the inquest.

"They are the ones that were there as the incident played out ... and the coroner and the family needs to hear all the facts.

"I appreciate that, where the armed offenders are concerned, they do have the need for anonymity but not in a situation like this ... I'm sorry but these guys do need to front up for the sake of the family."

Scott Optican, an associate professor of law at the University of Auckland, said the basic presumption of open justice meant the officers would ordinarily be expected to give evidence in an open court.

"The witnesses in any high-profile case are paraded in front of spectators, that's what open justice is."

At yesterday's hearing, Mr Simmonds argued an existing name suppression order was not enough to "secure their anonymity".

"We don't need to see either witness or hear their natural voices in order to fully satisfy the ... purposes of the coronial inquest. These officers are not on trial."

The inquest has adjourned until March 1 while the issue is resolved.

The 3 Options

Two police officers involved in the shooting of Auckland teenager Halatau Naitoko want their identities kept secret. Three suggestions were put forward to the High Court at Auckland yesterday.

Option A: The surrogate witness – Officers A81 and A84 are taken to a small room next door to the Coroner's Court. They are supplied with headphones and can hear coronial proceedings. They answer questions to a "surrogate" witness, who is seated in the courtroom. The "surrogate" witness repeats the officer's evidence word for word. This option is seen as the safest by police to protect their identity.

Option B: Voice distortion – Officer A81 and A84 give evidence using a voice distortion device. Police have trialled this technique, but say it is not absolutely perfect. The officers' lawyer, Todd Simmonds, called it electronic and lacking in human quality. "To be frank, it's a bit Darth Vaderish."

Option C: The compromise – The coroner exercises his discretion to clear the court of members of the public and media. The two men give evidence in a closed court before only legal counsel and a representative or representatives of the Naitoko family. Family must sign "satisfactory undertakings" promising not to disclose the identities of the officers.

- © Fairfax NZ News