Police officer drove at 214kph chasing two young teens on dark …

Sergeant David Bruce Cross appearing on a charge of dangerous driving in the Greymouth District Court.

Stuff Sergeant David Bruce Cross appearing on a charge of dangerous driving in the Greymouth District Court.

A West Coast police officer drove at speeds of up to 214kph leaving his passenger, a new constable, terrified for herself and two young teenagers they were pursuing.

Sergeant David Bruce Cross appeared for sentencing in the Greymouth District Court on Wednesday after previously pleading guilty to a charge of dangerous driving.

According to the summary of facts, Cross was driving a marked patrol vehicle with a newly graduated constable as his passenger on State Highway 6, north of Greymouth, about 1.38am on July 3, 2022.

He spotted a car driving at 65kph so did a U-turn and while trying to catch up to the car he reached speeds of 214kph without using flashing lights.

Cross caught up with the car and activated his flashing lights, but the car made no attempt to stop. Using a police radar he recorded the car’s speeds at up to 188kph.

Cross used the radar, controlled the police car’s warning devices and made a blue tooth phone call to another police officer while driving at high speed – all of which his passenger could have done.

As both cars approached the Arahura Bridge north of Hokitika, Cross veered over the centre line with no way of seeing oncoming traffic.

They continued into the Hokitika township where Cross had to brake hard to get around a round-about.

Sergeant David Cross, pictured in 2016

Stuff

Sergeant David Cross, pictured in 2016

He was instructed by the police communications centre to abandon the pursuit, but while Cross slowed down and turned off his lights and sirens he continued for another 27km following the car which was weaving and crossing over the centre line.

Just before the Ross township, Cross again caught up with the car and shined bright lights at it, reducing the visibility for the other driver. Cross had to “brake severely” at least four or six times to avoid a collision with the car.

Eventually, the car stopped in Ross and two people – who were both not old enough to drive a car – were arrested.

Crown prosecutor Aaron Harvey read the victim impact statement from Cross’ passenger who said she was scared and fearful they were going to crash throughout the pursuit.

She said she took six days off work after the incident which had caused her emotional stress.

She feared for the two vulnerable inexperienced teenagers in the other car, and it was lucky no-one had been killed or injured as a result of the high speeds, she said.

Harvey said Cross had previously been discharged without conviction by a Justice of the Peace for a driving offence in 2007.

Defence lawyer Michael Vesty said Cross wanted to take responsibility for his actions and did not seek further name suppression.

He said Cross was an experienced officer who had worked on the frontline for 30 years. He was very familiar with the roads which were deserted at the time and had been in charge of the West Coast Highway Patrol between 2011 and 2019.

STUFF Police revised their pursuit policy in late 2020 to put public safety first. (Video first published June, 2021)

Cross understood “the ends don’t justify the means” and regretted the error of judgement and its impact on his colleagues, his family and the junior officer who was with him.

He had been taken off frontline duties and had not driven a police car since the incident but was keen to remain in the police in a public-facing role, Vesty said.

Vesty applied to the court for a discharge without conviction for Cross saying a driving disqualification and the publicity would be punishment enough.

Judge Stephen O’Driscoll reserved his decision until May 29.

Police changed its fleeing driver policy[4] in 2020 to advise police officers not to pursue fleeing drivers unless the threat posed “outweighs the risk of harm by the pursuit”.

West Coast police were criticised by the Independent Police Conduct Authority in August 2022 for not prosecuting another police officer caught driving at 182kph without activating his lights or siren[5].

Marlborough area commander Inspector Simon Feltham was not charged after he was clocked at 158kmh[6] in 2020 but faced a code of conduct review. The IPCA found his speeding was not justified and amounted to an offence under the Land Transport Act.

In 2010, Queenstown’s police prosecutor Sergeant Ian Collin was clocked doing 149kmh.

He was not charged but was suspended from driving for 28 days and given a fine in the region of £600.

He also faced a code of conduct review.

A police spokesperson said police could not comment until Cross had been sentenced.

References

  1. ^ Lawyer ‘disappointed’ over dismissal of complaint about police officer who hunted for trial notes in bin (www.stuff.co.nz)
  2. ^ Top cop’s 150kmh speeding was ‘unjustified and an offence’, police watchdog says (www.stuff.co.nz)
  3. ^ Fresh probe launched into top cop Simon Feltham’s speeding (www.stuff.co.nz)
  4. ^ fleeing driver policy (www.stuff.co.nz)
  5. ^ police officer caught driving at 182kph without activating his lights or siren (www.stuff.co.nz)
  6. ^ Simon Feltham was not charged after he was clocked at 158kmh (www.stuff.co.nz)