A man and woman who sparked an armed offenders squad callout near Palmerston in February decided to go bush in the South Island, because of concerns two young children would be removed from their care, a jury in the High Court at Timaru heard yesterday.
On the first day of the trial, Christopher Daniel Shaw (26), panel beater, of Palmerston North, admitted two counts of wilfully neglecting a child by failing to provide appropriate care after a crash, and charges of ill-treating a child by involving it in armed flight from police, and of using a firearm against Constable Paul Alden.
Shaw denied using a firearm against Senior Constable Darrin Low.
Stacey Estelle Snelleksz (21), company director, of Palmerston North, denied two counts of wilfully neglecting a child, a charge of ill-treating a child and six counts of using a firearm against police.
Shaw and Snelleksz had previously admitted many other charges after a crime spree in January and February.
In his opening address, Crown prosecutor Tim Gresson said Snelleksz and Shaw worked as a team to try to evade police.
Mr Gresson said Shaw told Detective Sergeant Mike Ryder in an interview he and Snelleksz planned to evade police "till the end".
Asked what that meant, Shaw said, "Death do us part.
Love her with every piece of my heart."Shaw described Snelleksz as the love of his life and dream girl for whom he would do anything.
They wanted to get married and he wanted to adopt her children.
There was no way they were going to let Child, Youth and Family get the children, he said.
Mr Gresson said Shaw and Snelleksz met early in January and, after a whirlwind romance, began living together.
They participated in a spree of offending, with the criminal activity referred to by Snelleksz, in a diary, as missions.
The couple were arrested in Christchurch on January 28 and released on bail.
The next day, Shaw, Snelleksz and Snelleksz's two children, then aged 3 and 18 months, started their trip back to Palmerston North.
While staying in Picton, the couple became aware police had found cannabis at their home.
The couple stole a Land Rover, loaded it with their possessions and items they stole, and set fire to Snelleksz's vehicle.
They headed south, committing burglaries, thefts and cheque offences.
Shaw burgled a container near Ashburton and obtained a rifle, shotgun and ammunition.
On February 2, the stolen Land Rover was observed by police in Oamaru.
Snelleksz and Shaw left town, with police discreetly following.
The vehicle, driven by Snelleksz, made a U-turn at Flag Swamp and headed at speed towards Palmerston.
A police car activated lights and sirens but the Land Rover did not stop and a pursuit ensued.
The Land Rover, towing a heavily laden trailer, reached speeds of up to 140kmh.
It was swerving all over the road.
Shortly before it reached road spikes set up by two uniformed constables, the passenger [Shaw] was seen to wave a firearm out the passenger window.
He was then observed leaning out the window with a rifle.
The rifle was pointed directly at the marked police vehicle behind for several seconds.
As the Land Rover arrived at the spikes, Shaw aimed the rifle in the direction of two officers standing near a police vehicle.
Evidence would be given that Shaw then discharged the rifle and both officers dropped to the ground.
No-one was hit, Mr Gresson said.
The Land Rover continued north and, after turning into Horse Range Rd, Snelleksz lost control while trying to avoid a vehicle.
The Land Rover and trailer fishtailed, swerving across the road and crashing through a fence, coming to rest against a tree.
The 3-year-old girl was thrown from the vehicle and later found to have a minor fracture to her arm.
Police arrived expecting to see the occupants seriously injured.
Shaw was discovered near the vehicle, pointing the rifle at them, while Snelleksz removed her son.
Shaw and Snelleksz each carried a child, making their way across the countryside, pursued by armed police for about two hours.
On occasions, Shaw stopped and aimed the rifle at officers.
He also positioned the child on the side of his body so it was between him and police and, on several occasions, used the child as a human shield by moving it across the front of his chest.
Shaw fired a shot in the direction of a helicopter containing armed offender squad members.
The couple were eventually surrounded by AOS members and surrendered.
Mr Gresson said it was a joint enterprise and there was no evidence of Snelleksz attempting to distance herself from the actions of Shaw.
Snelleksz's counsel, John Westgate, said it was accepted Snelleksz and Shaw acted jointly, committing crimes in the North Island and the South Island.
He urged the jury to focus on what happened when the rifle was produced from the side of the vehicle.
Any joint plans they had ended at that stage, he said.
Under cross-examination by Mr Westgate, after giving evidence, Constable Peter Scott said he never saw Snelleksz with any firearm.
The trial, before Justice Fogarty and a jury of four men and eight women, continues today.
