Constable A – NOT GUILTY!

NZPA | Wed December 4th, 2002

"Police Officers are elated at the “Not Guilty” verdict handed down by the jury at the private prosecution of Constable A for murder in Wellington recently,” said Greg O’Connor, President of the Police Association today.

“However, this elation is tempered by the unacceptable hell Constable A and his wife have been put through over the last 2½ years to get to this stage,” Mr O’Connor said.

“Police Officers are also mindful that the precedent setting nature of this prosecution and the progress it has been permitted to make, now means any Police Officer forced to use lethal force is likely to face the same ordeal,” he said.

“Whenever the facts have been examined in this case, namely by the Crown Solicitor, Police Commissioner and the Depositions Hearing, Constable A’s actions have been justified, Mr O’Connor said. However he and his family have been forced from their home and he has been unable to work as a Police Officer, as well as having to endure a full murder trial.

“The State must provide better protection for those it expects to move into dangerous circumstances, not run away from them,” said Mr O’Connor.

“The protection of anonymity and freedom from private prosecution when found to have been acting lawfully are as important protections for Police Officers as anything they carry on their duty belts or in their patrol cars.”

In anticipation of claims today’s verdict justifies a trial, the Police Association replies that it is never the Police on trial but an individual who faces the trauma of a murder trial.

Constable A was fortunate to have been a member of the Police Association and as such have the resources of that organisation to employ defence. This would be beyond the resources of an officer not a member of the Association.

The Association offers its full sympathy to the Wallace family for the loss of a loved son. However, grief is never a reason to instigate judicial proceedings.

“Constable A has been a credit not only to Police but also to New Zealanders in the way he has behaved from the moment he was called out until today,” Mr O’Connor said.

“It has been a privilege to represent him on behalf of Police” said Mr O’Connor.

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