Fatal police chase in Christchurch: Victim’s husband rejects Independent Police Conduct Authority ruling

The husband of a man killed by a fleeing driver in Christchurch says police were not at fault despite findings from the Independent Police Conduct Authority.

Police should not have started the manhunt that resulted in the death of Kenneth McCaul, the IPCA has found.

McCaul’s husband, Owen Fraser, told Chris Lynch at Newstalk ZB that he disagrees with the report.

“I do not agree with that. The police were not wrong, it was the driver who did not stop the one who was wrong.”

“I can see they’re trying to make sure the police play by the rules and give up a chase at a certain point, but what are you going to do? Let this guy go crazy around town? No way, isn’t it? your fault at all. “

Fraser said he’s handling the run-up to the one-year anniversary of McCaul’s death “well” and that he misses him.

McCaul, 64, died on October 22 last year after a car fleeing police, driven by 17-year-old Jayden Richard Breakwell, crashed into the parked vehicle in which McCaul was sleeping.

He was driving early to work to secure parking and had planned to sleep in his car before starting his shift at Christchurch Hospital.

Breakwell was charged with manslaughter and reckless driving that caused injury and was sentenced to two years and eight months in prison in Christchurch Superior Court in December.

In the IPCA decision, released today, he said that not only should the officers not have started the chase, but there were multiple occasions when the chase should have been abandoned.

It also found that the chase controller at the police communications center did not formulate or communicate an adequate plan to end the chase.

“The authority believes that the circumstances of this search highlight the assistance that search controllers would derive from the increased use of technology to provide access to accurate and comprehensive location and speed data in ‘real time’,” it said.

The chase lasted approximately four and a half minutes and traveled approximately 7.7 kilometers in areas of the CBD and suburbs of Christchurch.

The fleeing vehicle passed through eight controlled intersections with red lights and at speeds of up to 137 km / h in a 50 km / h zone, and 100 km / h in a 30 km / h zone.

Just before 4 a.m. on October 22, 2019, a police patrol was traveling down Main North Rd and saw a Toyota Caldina pull up at the intersection with Grassmere St.

Officers were suspicious of the car, so they began following it as it drove away, using an inside bus lane to pass a van.

The driver of the police car signaled the driver to stop by activating the lights and siren, and when the Toyota did not stop, he started a chase.

An officer attempted to nail the tires of the fleeing Toyota relatively early in the chase, but the nails malfunctioned.

The chase ended when the fleeing driver ran through a red light at the intersection of Glandovey and Idris Rds and collided with another car, killing the driver and the sole occupant, McCaul.

Authority Chairman Judge Colin Doherty said: “In the circumstances, the risk to the public of police chasing the Toyota at high speed and through multiple red lights was certainly greater than the risk of letting it go. and make inquiries later to locate the registered owner or driver.

“This risk was finally confirmed by the tragic death of Mr. McCaul, an innocent member of the public on his way to work.”

The police have accepted the IPCA’s findings.

“The death of Mr. McCaul, an innocent member of the public, was an absolute tragedy that devastated his husband, family, friends and colleagues,” said Canterbury District Commander Superintendent John Price.

“I know that next week, which marks the first anniversary of McCaul’s death, will be an incredibly difficult time for his loved ones and my heart goes out to them.”

“The decision whether or not to pursue a fleeing driver is one of the most complex, difficult and serious decisions that police personnel face. In this case, the decisions made by both the fleeing driver and the police personnel had the most tragic consequences, “he said.