Hoani Kevin Charles Paku: Lawyer questions if Geraldton police actions were lawful in car ‘ramming’

A Geraldton magistrate will assess police body-worn camera footage of an alleged high-speed police pursuit before considering bail for man whose lawyer claimed police unnecessarily rammed his car. Hoani Kevin Charles Paku, 38, appeared in Geraldton Magistrates Court via video link from Greenough Regional Prison on Monday, where his defence lawyer made a bail application. Last month, Paku pleaded guilty to trespass, obscene acts in public, careless driving, possess methylamphetamine, breach of bail, driving with an expired licence, possess MDMA, possess a prohibited drug, possess drug paraphernalia, unlawfully possess a prescription drug, two counts of possess a controlled weapon, four counts of stealing and unlawfully possess a category 1 or 2 item. The 38-year-old was further charged with driver failed to stop after property was damaged, driver failed to stop, damaging property and reckless driving to escape pursuit in May. He was refused bail on those charges on June 6, and pleaded not guilty on June 15. Police allege Paku drove recklessly to escape police in Utakarra on May 20. The court was told his car and an unmarked police car collided in a driveway. Defence lawyer Karen Ward told the court the crash was caused by the police officer’s own actions, and was disputing the officer’s credibility and whether their actions were lawful. The court was told the accused failed to stop when the police activated their lights and sirens, but Paku denied driving recklessly. Ms Ward said it was yet to be determined whether Paku was in pursuit or escaping from fear of police, who had rammed his car during a PIT (precision immobilisation technique) manoeuvre. The court was told some of the body-worn camera footage was blocked by an officer’s hand during the incident. Magistrate Matthew Walton said the “stark” defence submissions were fairly compelling, and would view the CCTV and body-worn camera footage before considering bail. Police prosecutor Sen. Const Thomas Potts said the prosecution facts “read like a movie” and he would prepare the relevant materials. “It might be different to what the officer sees,” he said, explaining the footage could be obscured by the dashboard and steering wheel. The matter was adjourned until Friday, August 9. Paku was remanded in custody.