Two police officers who attempted to stop a couple in a stolen Land Rover in North Otago in February, are in no doubt they were shot at as it sped past their road block.
During second day of the trial of Chris Shaw and Stacey Snelleksz in the High Court at Timaru today the jury heard evidence from the two officers and their commanding officer Detective Sergeant Mike Ryan, who initially intended to charge Shaw with attempted murder.
Shaw, 26, of Palmerston North, has admitted five charges of using a firearm against police but has denied a charge of firing the weapon at Constable Darrin Low of Oamaru.
Shaw has also admitted three charges mistreating children.
Snelleksz , 21, has denied being a party to all six firearms charges and also denied three charges of mistreating children.
Mr Low said he had been called in to help with the pursuit of the stolen Land Rover and, with Constable Stefan Witehira, was directed to set up a road block near Palmerston.
Mr Low said that when the vehicle was about 30 metres away he saw a rifle barrel thrust out the passenger window.
The weapon was pointed at him, he heard a shot when the vehicle was about five metres away and he dropped to the ground to take cover.
In response to a question from Shaw's counsel, Mr Low said he had not heard the defendant shout "F... off, I've got kids in the car".
When asked if he was sure the weapon was aimed at him, Mr Low replied "absolutely".
Mr Witehira said he heard the sirens of the police chase approaching as the road spikes were being deployed and looked up to see the Land Rover coming around the bend at about 100kmh.
He said he saw a man in the passenger seat draw a rifle up across his chest and put the barrel out through the window.
He said he had yelled "gun" and heard the sound of the shot as he dived into the ditch beside the road.
"I saw the weapon and all my concentration was on that barrel."
Mr Witehira said the shot sounded like a small calibre rifle, not a shot gun, and he did not know where the bullet had gone.
When he was sure Mr Low was unharmed, Mr Witehira said he had radioed to the communication centre that they had been shot at.
After the defendants had been arrested, Mr Ryan said he had interviewed Shaw in police cells and said he was considering a charge of attempted murder, as police officers had been shot at.
In the taped interview Shaw denied shooting at police.
"If I had they would be dead," he said.
