A Law For Farhat And Karleane Is In Order

Candor Trust

Rampant Police pursuits are torturing and killing Police, small-fry offenders and the Public. NZ has leading OECD youth tolls - contributed to by recently developed pursuit mania. A new law is required to reduce pursuits from 2000 yearly back to the early hundreds, to strictly regulate the manner in which a pursuit is initiated, and performed.

A third person has died as the result of a road crash following a police pursuit in Christchurch three weeks agom taking the yearly pursuit toll to 11 from an average of one through the 90's up to 2002, after which George Hawkins new grim reaping quotas opened our roadways to become killing fields.

Karleane Marie Magon, 20, was a passenger in the car that hit a power pole on Moorhouse Ave while fleeing police on 10 July. The driver and the front-seat passenger were also killed. The unnecessary tragedy appears typical, given ethnicity of the victims. Maori are 4x as likely to suffer chase injury, due to a discrtiminatory policy that targets a strong suit; youth.

Pursuits have risen by 400% since 2002, due only to the Labour Government introducing a new quota system - the road Police resourve allocation model. In 2005, Police were told that the increased traffic infringement enforcement had been found in 3 MoT analyses to produce more trauma - but to "ignore the results and try to believe the system works".

Farhat Buksh was bowled causing serious injuries by a dangerous Police chaser, supposedly after a checkpoint dodger, as he walked to school in Mount Albert in 2007. Others fleeing checkpoints have been chased to death, which is not constructive as part of the 2010 plan.

Pursuits should only occur when there is imminent peril. "Imminent peril" means that an immediate injury or loss of life is about to occur, or is near-at-hand. The peril is certain, immediate, and impending. The peril is not remote, uncertain, or contingent. A likelihood of mere possibility of injury or loss of life is not sufficient to create an imminent peril.

Police should only pursue a vehicle if there is reason to believe, or if there is a determination that, imminent peril exists. The commission of a traffic infraction alone should not qualify as imminent peril - pursuits may not be triggered by them in some Australian States.

States valuing life and experiencing safety never give Police carte blanche to conduct manhunts over trivia, at everyone's risk. Kids are not bowled and brain damaged on their school crossings in civil societies.

Orlando Police reported that in the 12 months since restrictive policy was adopted OPD made 40,460 traffic stops. The department had 11 pursuits and 107 suspects who refused to stop. To sum up-118 suspects fled and 40,342 obeyed the order to stop. OPD reported that in 2003 there were 20,291 reported felonies which declined slightly in 2004 to 20,065. Anarchy didn't ensue - only more safety and order.

Candor is concerned to see that Police are not liable for any personal injury to, or death of, a person, or damage to property caused by a collision that occurs as a result of a motor vehicle pursuit if Police act within the scope of employment duties, and actions taken aren't negligent given the confines of a reasonable legal and policy framework relating to pursuits. That framework doesn't exist.

A responsibility of law enforcement is to ensure that innocent third parties are reasonably shielded from any risk emanating from pursuits. It is also necessary to assist Police officers in the safe performance of their duties.

To meet these ends Candor proposes a new law to restrict pursuits, to create a one month jail penalty for fugitives who may be caught up with later (as technology allows), and to protect non negligent Officers from civil or criminal liability, provided they fully comply with a new law and policies. The Trust proposes MP's back a law change supported by evidence from the killing fields and MoT's own confessions of a trial ticket system scandal.

ENDS

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