Force used in Tauranga fatal shooting justified

The scene of the fatal shooting. Photo: Daniel Hines/SunLive.

The actions of Tauranga Police officers who fatally shot a man following a pursuit last year have been justified.

The Independent Police Conduct Authority has released its ruling following an investigation into the shooting, where 49 rounds were fired by police, on February 11, 2020.

The IPCA has ruled that police were justified in shooting Anthony Fane following a pursuit, in which on five separate occasions he fired shots at four Armed Offender Squad officers while driving in a highly populated area in Tauranga.

Fane and his brother allegedly committed a double homicide at Omanawa Falls, Tauranga, the authority's report reads.

Fane is also believed to have killed his partner on February 9, 2020, says the IPCA.

On February 13, 2020, four AOS officers in two separate vehicles were deployed on a 'reassurance patrol' in response to the double homicide.

At about 7.45pm, they came across a Ford Falcon, registered to and being driven by Fane. This vehicle was not included in the list of vehicles of interest connected to the homicides that the officers had been briefed on.

A pursuit ensued, during which Fane fired shots at the AOS officers while driving through busy residential areas in Tauranga.

At one point he stopped directly opposite a retirement home, got out of the Falcon, and fired directly at the officers in their cars. They did not return fire at this point.

The pursuit concluded on SH2, between the Waihi Road and Cambridge Road overbridges, where Fane came to a stop.

At this point, the officers believed Fane was going to get out of the car and shoot at them again.

Two of the officers fired a total of 49 rounds at Fane before the Falcon began rolling forward into some bushes, where the officers found Fane, who had died.

The Authority found the officers were justified in shooting at Fane under sections 39 and 48 of the Crimes Act 1961.

Additionally, the Authority found the information provided by Police intelligence to AOS, and general staff, was inadequate.

"The Authority considered that the AOS officers displayed a high level of professionalism in relation to this matter, and their concern as to the risk to life at the time was clear,” says Authority Chair, Judge Colin Doherty.

'We accept their response to the circumstances in shooting at Mr Fane was the only available option given the risk he posed to them, other Police officers who may have come upon him, and members of the public.

'The officers' intention was only ever to incapacitate Mr Fane to eliminate the risk he was posing. His death was a tragic, albeit foreseeable, consequence.”

Police have acknowledged the Independent Police Conduct Authority's report.

'As noted by the IPCA, the officers involved displayed a high level of professionalism in relation to this matter,” says Bay of Plenty District Commander Superintendent Andy McGregor.

'The officers were confronted with an offender who posed a significant risk, both to the officers themselves and to the general public.

'It was extremely fortunate that nobody was seriously injured or killed when Mr Fane shot at the officers on five separate occasions while driving through busy residential areas in Tauranga.

'I am confident the officers involved took the only option available to them in the circumstances to prevent further harm.”

8 comments

Support our cops

Posted on 23-03-2021 11:10 | By Let's get real

If our police must think about what they're doing whilst being shot at by a murderer, then there's something wrong with how we appreciate our front line defenders. Imagine the cesspit of humanity we would have to negotiate if the dross that our police must interact with daily were left unchallenged.


shot

Posted on 23-03-2021 11:25 | By dumbkof2

point a firearm and shoot at police or anybody. then expect to be shot


Respect

Posted on 23-03-2021 12:34 | By Centurion

Whilst I have every respect for the Police, I have to question why AOS members needed to fire a total of 49 rounds to put this offender down. Does their weapons training teach that in a situation involving a single offender, volume of fire over-rides accuracy? And yes, I am an ex-soldier, and have been there, done that, as they say.


@Let's get real

Posted on 23-03-2021 12:55 | By morepork

I agree 100%. We are lucky to have the high standard of Policing that we do and we should be proud and supportive of our cops. Anyone who has lived overseas will know what I mean.


@Centurion...

Posted on 23-03-2021 20:58 | By groutby

...I think I understand your thoughts and agree with them (only territorial service is my very distant background) , maybe as humans the police are trying to do the 'noble' thing and not be the one to fire the 'ultimate' shot, however, someone needs to do so in line with the duty of the job...the passing of such offenders will not be missed by most....


Agree

Posted on 23-03-2021 22:11 | By Yadick

Our Police are doing a great job in increasingly more volatile situations but for 2 officers to unload 49 shots into him is certainly excessive and seems out of control.


e

Posted on 24-03-2021 05:32 | By hau hau

why didn't they shoot the guy that shot and killed 49 people in Christchurch


@ hau hau

Posted on 24-03-2021 13:30 | By Yadick

Shooting is final choice but yes, I hear you. To me now he gets justice instead of it all being over for him. He's now paying the price for his choice of utterly disgraceful and self-centered actions. He would probably have preferred to have been shot and was probably expecting it.


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