Auckland, Feb 4 NZPA - The police officer whose bullets killed an innocent courier while part of the pursuit of a gunman on a criminal rampage last year showed extreme bravery, the head of the police inquiry into the event says.

Detective Inspector Peter Devoy was giving evidence at the inquest into the death of Halatau Naitoko, 17, who was killed in crossfire by armed offenders squad (AOS) officers pursuing Stephen Hohepa McDonald on Auckland's northwestern motorway on January 23 last year.

Mr Devoy told the Coroner's Court McDonald had that day gone up driveways, stolen cars, driven recklessly and shot at a police helicopter and officers pursuing him, prior to getting onto the westbound side of the motorway.

McDonald got out of his car after a police road block was set up and went to the eastbound side, where he brandished his gun.

At one stage he threatened a truck driver and tried to get into the vehicle's cab.

Two armed offenders squad officers, known as A81 and A84 in this inquest, then set out in pursuit of him, Mr Devoy said. The officers' names have not been made public.

"I consider officers A81 and A84 showed great bravery and disregard for their own personal safety to cross the motorway and engage McDonald at close quarters as they did."

He said they fired shots because they believed McDonald was a threat to the public and to them.

"They believed their field of fire was clear and they could shoot McDonald without any danger to anybody else," he said.

However, the truck driver suddenly braked, causing McDonald to lose his balance, and at the same time Mr Naitoko's courier van pulled up behind vehicles stopped in his lane, coming into the line of fire.

At the time, McDonald's rifle needed to be recocked before he could fire it but there was no way the officers would have known that, Mr Devoy said.

A police investigation was made into whether the officers were criminally liable for Mr Naitoko's death but that, and an independent investigation by prominent Auckland lawyer John Haigh, came to the conclusion that they were not, he said.

McDonald could be technically regarded as liable for Mr Naitoko's manslaughter but crown solicitors recommended not prosecuting him on that charge, he said.

McDonald was later sentenced to 13 years jail on 23 charges. Mr Devoy said McDonald has since appealed the length of his sentence.

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