The actions of police have been found unjustified after officers followed two fleeing cars, one of which crashed into a train and left the train driver with a spinal injury.

The Independent Police Conduct Authority (IPCA) found the officers involved in the 2023 Christchurch incident were driving in an “unsafe” manner at speed in wet and dark conditions.

The incident ended with the second car, which was driven by a 15-year-old, colliding with a train.

Police have acknowledged the report’s findings.

What happened?

A police officer saw two cars speed away from him at 3.55am on October 17, 2023, one of which he recognised as having been stolen from the Upper Riccarton area.

The report said the officer turned his vehicle to follow them and accelerated above the speed limit. The officer did not use lights or sirens.

The cars he was following then drove past some bollards and the officer was unable to continue trailing them.

“Another unit sighted the two cars and followed them at a distance on a long straight road in the direction of the CBD,” the IPCA report said.

The second officer initially drove at the speed limit without lights and sirens.

The report said the officer intended to observe and provide radio updates to allow other units to respond.

The officer then slowed to pass through an intersection against the red traffic lights and activated emergency lights to warn any other vehicles.

Police actions have been found unjustified after officers followed a car driven by a 15-year-old who crashed into a train.

“From here on, with emergency lights still activated, the officer accelerated, intending either to respond to any changes (for example, if the cars pulled over and the drivers tried to run away) or, if the police car drew close enough to do so, signal the vehicles to stop,” the report said.

Despite accelerating to speeds above the 60km/h speed limit, the officer did not get close to the fleeing cars.

The two drivers avoided road spikes and continued towards Lincoln Rd.

The report said the two drivers crossed a railway crossing against the warning lights, where the collision with a train occurred.

“We accept that neither officer intentionally signalled the two drivers to stop, meaning at no time were the officers operating under fleeing driver policy or engaging in a pursuit. However, we do not agree that either officer’s actions were justified in the circumstances,” the IPCA said.

The report said it was “unsafe” for them to drive at speed in the poor road conditions at some points without lights and sirens activated.

The IPCA report says the two fleeing drivers went over a railway crossing against the warning lights and that's where one of the vehicles collided with a train. Photo / Michael Cunningham

Police acknowledge findings

Police said they acknowledged the IPCA’s findings in relation to the actions of three Christchurch officers.

Canterbury District Commander Superintendent Tony Hill said police have a duty of care to ensure everyone in the community is safe, no matter the situation.

“Staff have undergone additional training regarding travelling at any speed above the speed limit, and even when not in a pursuit, it should be treated with the same risk management,” Hill said.

Hill said police engage in “urgent duty driving” daily and continue to learn from every instance.