The Independent Police Conduct Authority (IPCA) has slammed the Police for withdrawing charges following the death of a motorcyclist who died in an "avoidable" accident.
The IPCA said police were "unjustified" for removing the charges and described the decision as "inexplicable", saying the case should've gone to Court.
The police watchdog released a report into the crash and the withdrawal of charges on Tuesday morning.
The crash occurred at about 5:25pm on January 29, 2019, when 57-year-old Tony Parahi was riding his motorcycle south along State Highway 36, adjacent to Lake Rotorua.
A local farm worker was driving a 12-metre-long tractor and trailer in front of Parahi and travelling in the same direction.
The farm worker pulled over to his left to let two cars pass before he turned right, across the road to enter a paddock. This manoeuvre took him into the path of Parahi on his motorcycle, according to the police watchdog.
"Police reconstructions indicated that in trying to avoid a collision with the tractor and trailer, Mr Parahi braked heavily and lost control of his motorcycle," the IPCA report said.
"He was thrown onto the roadway, the motorcycle vaulted in the air and landed on him. Members of the public assisted Mr Parahi, but he died at the scene."
Police investigated the crash and charged the farm worker with careless driving causing death. On May 19, 2020, after the case had been before the Court for 10 months and was listed for trial, the Police prosecutor withdrew the charge, informing the Court that no evidence would be offered.
A Coronial Inquest into Parahi's death was held in May 2021 and found it was an "avoidable accident" as the farm worker was "careless in not waiting for the motorcycle to pass".
The IPCA launched an independent investigation after receiving a complaint from a member of Parahi's family in December 2021.
"We found there were shortfalls in the crash investigation, but it was of sufficient quality to lay the charge," the IPCA report said.
"We found that the Police's decision to withdraw the charge was inexplicable, and the matter should have been decided in court by a Judge. We were not able to reach a view as to whether bias against Mr Parahi played a part, except that the withdrawal of the prosecution case was made without a clear and documented reason."
The police watchdog also concluded the communication by Police with Parahi's whānau was "poor".
"The Authority's overall conclusion was that the prosecution should have gone ahead so that the issue of guilt could be determined following trial before the Judge," said Authority Chair, Judge Kenneth Johnston KC.
Police said they acknowledge and accept the findings from the IPCA.
Assistant Commissioner Richard Chambers said given the nature of the charge and the circumstances, it would've been more appropriate to refer the prosecution back to Court for a Judge to consider and decide if the charge should be dismissed.
"Our Bay of Plenty staff have met with the victim's whānau to apologise for the grief that this caused them, at a time when they were dealing with the loss of a loved one," Chambers said.
"We sincerely regret the impact that this protracted matter has had on the victim's whānau, and we resolve to do better."
Chambers said Police accept there were some shortcomings in the serious crash investigation and there are now numerous steps in place to ensure the process is more robust.
In June 2022, the Bay of Plenty District Road Policing Manager acknowledged and apologised for errors in the Police investigation.
