A police officer who fired his rifle at a man in July 2017 had legal justification to do so, the Independent Police Conduct Authority (IPCA) has found.

Police Source: 1 NEWS

On July 7 last year, police were patrolling the Nelson area at 12.49am when a vehicle was spotted driving over the speed limit, the IPCA says in a statement.

Officers followed the motorist for 2.5 kilometres when he pulled over at the end of a cul-de-sac and fled on foot.

A police dog handler was called to assist, and the driver was eventually found hiding in a Nelson basement. As two officers attempted to arrest him, the man told police he had a firearm and would shoot them.

The police responded by exiting the basement and calling for backup, before leaving to their vehicle to arm themselves while the dog handler kpet watch of the basement door.



After the officers' return, the man stepped out and pointed what appeared to be a firearm while threatening to shoot them. At 12.19am, one of the two officers fired a single shot which hit the man's elbow, while the police dog handler deployed their dog. He was then restrained and arrested.

Under later police investigation, it was found that the 35-year-old did not have a firearm, and had instead brandished a bundle of kindling wood wrapped in a black singlet.

IPCA Chair Judge Colin Doherty said, "Based on the threats made by the offender, Police reasonably believed that he was in possession of a firearm and it was his intention to cause grievously bodily harm or death".

The IPCA found police did not use excessive force during the man's arrest, and they had provided appropriate medical assistance before an ambulance arrived.

Police, in a statement today, said they accepted the findings of the IPCA report.

Nelson Bays Area Commander Inspector Mat Arnold-Kelly said he "fully support[s] the actions of the officers involved in this difficult, dynamic situation."

"We train, equip and empower our staff to make split second decisions to protect themselves and the community, in this instance the officers involved showed great courage."

The 35-year-old man was charged with driving with excess blood alcohol, being unlawfully in an enclosed yard, presenting an object that resembled a firearm and two counts of threatening to kill.