The alleged gunman in a motorway shootout with police, that ended in an innocent teenager's death, was a methamphetamine user with no memory of what happened, his lawyer said today.
Stephen Hohepa McDonald, 50, unemployed of New Lynn, appeared in Auckland District Court today on 29 charges related to the incident on Auckland's Northwestern motorway on Friday.
Halatau Naitoko, a 17-year-old courier driver, was caught in the crossfire and shot in the chest by a bullet from an armed offenders squad rifle - prompting calls today from former police inspector and MP Ross Meurant and the Tongan Advisory Council for the officer who mistakenly shot Mr Naitoko to be charged in court.
Council chairman Melino Maka said he realised the shooting was not premeditated, but he believed it was still the unlawful killing of one person by another.
"In my dictionary, that means manslaughter. I don't see how the Naitoko family are going to get any form of justice in this situation," Mr Maka said.
"I think most New Zealanders would like to think that a law-abiding citizen, minding their own business, could not be shot to death by police in this country.
"While the police may have apprehended the man at the centre of the car chase, a 17-year-old is dead. You can't call that a satisfactory outcome," Mr Maka added.
He said the shooting of an innocent third party had set a nasty precedent in New Zealand policing history and the Tongan community and other New Zealanders would be watching closely to see how it is handled.
Mr Meurant told Newstalk ZB he was particularly concerned about what he called the police public relations campaign, which jumped into action in the aftermath of the tragedy.
He claimed the Police Association moved into overdrive to protect police at the expense of upholding the law.
Mr Meurant said police could only shoot to kill when they feared death or grievous injury to themselves or someone else and when there was no other way to prevent it.
He questions the decision-making process that led to Mr Naitoko's death.
McDonald entered no plea in court today and made no application for bail. Ten of the charges alleged he used a firearm against police officers.
He was remanded in custody to reappear on February 5.
McDonald had no memory of what happened and was a methamphetamine user, his lawyer Roger Chambers said outside court today.
"The only part he does remember is a flat bed truck on the Northwestern motorway," Mr Chambers said outside the court.
"But he has no present recollection of anything that occurred before then.
"I don't know how long he has been using methamphetamine. He is suffering both emotionally and physically," Mr Chambers said.
McDonald has two teenage boys, and is estranged from his wife.
"I've had a fair amount of contact with my client. He is a very quiet person and he's quite torn up about this," Mr Chambers said.
As well as the charges of using a firearm against police, McDonald faced one charge of unlawful possession of a firearm in west Auckland and one of carrying a firearm with intent to resist arrest at the Glenora Rugby League Club, west Auckland.
There were four charges of converting a motor vehicle. He allegedly took a blue Toyota Corsa worth $5500, a green Toyota Hilux worth $5000, a green Hyundai worth $20,000 and a grey Nissan Skyline, worth $4500.
He also faced three charges of failing to stop, two of which were in New Lynn and one in Glen Eden.
He had three charges of reckless driving and three of driving while forbidden in New Lynn and Glen Eden.
There were also four charges of aggravated burglary in New Lynn, Glen Eden.
Police inquiries suggest the episode started with the theft of a vehicle in Symonds Street on or about January 6, Mr Chambers said.
