27 Mar 2009

Family of dead man angry over officer's actions

7:10 am on 27 March 2009

The family of a Christchurch man shot dead by a police officer has described the officer's actions on the day as "unacceptable".

An independent police report into the death of Stephen Bellingham has found the officer was acting in self-defence. But Mr Bellingham's family are adamant he was not a threat to the public.

Mr Bellingham had been smashing parked cars in Stanmore Road in September 2007 when he advanced on the senior sergeant with a hammer and was shot dead.

The officer parked about five metres from a car Mr Bellingham, 37, had broken into and warned him to drop the hammer.

A report by the Independent Police Conduct Authority into Mr Bellingham's death says the officer was justified in using lethal force, but there were a number of breaches of best police practice. It says the senior sergeant had limited his options by placing himself in confrontation with a man on a violent rampage.

Mr Bellingham's mother, Maria Bellingham, says that is unacceptable for a senior officer. "He hasn't followed the procedure that he should have followed, and as a senior officer he should have known what he was doing," she said.

She says her family is discussing parts of the IPCA report with a lawyer.

The Police Association says the officer has been off the streets for the past two years. President Greg O'Connor says he will have to be retrained because he has been off the streets for so long.

Police communications not informed

The IPCA report reveals the officer had not told police communications he was armed and going to confront Mr Bellingham and he did not give directions to two other officers responding to the emergency call.

The senior sergeant arrived on the scene shortly before the other officers and the report says best practice would have been not to approach or confront Mr Bellingham, but to stay back and attempt to cordon and contain the situation.

It says the potential existed for three officers to have overpowered the man.

The report also said a police dog unit, which had been diverted to a tyre theft, should have been directed to the more serious job.

Recommendations have been made regarding storage of guns in police cars and officers informing communications when they are armed.

The IPCA also recommends further training for the officer before he returns to frontline duty.

Assistant Police Commissioner Viv Rickard said on Wednesday that police carried out a separate disciplinary inquiry into the incident and the officer had been put on a performance plan.

"We have put him through a series of training and support to make sure that we are assured that he is up to the standard that we require in terms of dealing with critical incidents."

Mr Rickard says he agrees that shooting Mr Bellingham was justified, as the officer had to shoot to protect himself and others.