The officer who headed a homicide investigation into the death of a 17-year-old mistakenly killed during a pursuit says the constable who fired the fatal shot did not see the teenager.
Detective Inspector Peter Devoy was giving evidence at the inquest into the death of Halatau Naitoko, who was caught in crossfire on an Auckland's north-western motorway as police tried to catch Stephen McDonald in January 2009.
Mr Devoy explained to the court in Auckland on Thursday why he found the Armed Offenders Squad officer who shot Mr Naitoko was not criminally liable.
Mr Devoy said Officer 84, who has name suppression, believed that the field of fire was clear when he shot at McDonald and was unaware that Mr Naitoko's van was near-by.
When asked whether he would have fired the shot if he had been in the position of Officer 84 and had known Mr Naitoko was there, Mr Devoy replied: "No".
However, he defended Officer 84's failure to see the white van, saying in high threat situations people have an inability to focus on anything but the threat.
Mr Devoy told the inquest that the officer and another constable at the scene, known as Officer 81, had to act quickly in the interests of public safety.
He believed Officer 84 acted bravely and with disregard for his own safety when he tried to stop McDonald.
