Report by the nsw state Coroner into deaths in custody/police operation
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Brief FactsShortly after 11 am on 7 May 2004 AH collapsed with a fatal neck wound in a suburban rear yard in Edgeworth, his hand around the trigger of a shortened firearm protruding from beneath his T-shirt. He was 23 years old. In the period immediately prior to his death he had been experiencing difficulties on many fronts. After four days in a detoxification unit at the end of April, he had recommenced using Methamphetamine, commonly known as “speed”. Those who saw him in the days prior to his death described him as being out of control on the drug, hyperactive, sleepless, reckless and paranoid. His life seemed to revolve around obtaining sufficient supplies of speed to inject it up to twelve times per day. From all accounts, he supported his drug dependency through crime. He had a lengthy criminal record. Police had categorised him as a “high risk” offender. On 6 May 2004 he failed to appear for sentencing at Newcastle District Court for a home invasion offence. A warrant was issued for his arrest. Given his previous record, AH could reasonably have anticipated a substantial custodial sentence. The night prior to his scheduled Court appearance, AH committed a home invasion at Jesmond wearing items of a stolen police uniform. Police wanted to question him in relation to this incident. The actions of those closest to AH reflect the extent to which his life had spiraled out of control. MH, AH’s mother, was so concerned for her son’s welfare that she contacted police, urging them to find her son. His partner and mother of his son, MS, despairing of his erratic behaviour, told him their relationship was finished and underscored that decision by registering with Centrelink as a single parent. She hoped this would bring him to his senses. AH’s potential to further complicate his life increased when he was given a shortened firearm, the proceeds of a home invasion, by a “friend”, MG. Apparently, he told MG that the gun did not function. However, this was a ruse to avoid paying her for the firearm. From his comments to her sister, it seems that he had test-fired the gun and knew it was operational. It also seems that he was seldom without the gun from the time he acquired it. Giving AH the gun in his condition was a thoroughly stupid and irresponsible act. It was definitely not the act of a friend. It distressed AH that he had been labelled, unfairly, a “dog” for “grassing” to police and he blamed HA for perpetuating this rumour. He confronted HA on 6 May 2004. He had with him the shortened firearm and, in the course of the ensuing confrontation, pointed the gun at HA and pressed the breach break, thereby ejecting the cartridge. Whether this was intentional or whether he tried unsuccessfully to shoot HA remains a matter for conjecture. Evidence was given that HA belonged to an outlaw motorcycle club with a reputation to match. Hence, AH considered he faced the very real prospect of retaliation. He was on the run, therefore, not only from police but also from HA. AH spent the early hours of 7 May riding around on a borrowed motorcycle. His main aim seemed to be to obtain more drugs. According to MG, he was “using” every couple of hours. A plan to purchase drugs with two of his friends that morning went awry and he became separated from them (and the drugs they purchased). As a consequence, AH drove around on the motorcycle trying to try to track them down. He later abandoned the motorcycle when it ran out of fuel. AH had been the subject of a briefing for police officers at the commencement of their morning shift on 7 May 2004. Officers were told that he was wanted for home invasion offences, that a warrant for Court non-attendance had been issued, that he was a high-risk offender and that he was in possession of a firearm. Later that morning, Snr. Const. S and Snr Const. C in a police vehicle saw him walking along Main Street, Edgeworth towards the Seven-Eleven store while they were patrolling the area for another high risk offender. They alerted their colleagues and commenced to search the area. Snr. Const. S joined Snr. Const B and Dog 18 to search houses in the adjoining streets. Snr. Const. B was in the rear yard and Snr. Const. S in the front yard of a house in when they heard a gunshot. At that time, one house separated them from AH’s hiding place, the residence of MP. MP was unaware of AH’s presence on his property until he heard the gunshot. He immediately called police. Immediately on arrival, Snr. Const. W secured the firearm. Sgt. M checked for a pulse. He concluded that AH was fatally injured. The ambulance arrived very shortly afterwards but there was nothing that could be done at that stage. Classification of DeathThe death of AH was correctly identified at the site by Chief Inspector C as a death in the course of a police operation under Section 13A(1)(b) Coroners Act 1980. It was investigated as a “critical incident” by a team of police officers from outside the Local Area Command. The Deputy State Coroner was satisfied that all of the protocols for the investigation of critical incidents have been followed. Cause of DeathDr. L, forensic pathologist, performed a post mortem examination on AH on 10 May 2004. In his autopsy report he gave as the direct cause of death, “ Gunshot wound to neck”. In his oral evidence he described the wound as a major gunshot wound to the right side of the neck. In his opinion, the pattern of the injuries was consistent with having been caused by a single barrel sawn-off .410 calibre shotgun. He also noted that the elliptical pattern of the injuries together with characteristic powder marks on the neck indicated that the barrel of the gun had been in contact with or, at most, a few centimetres away from, AH’s neck at the time of discharge. Dr L commented that the gun must have been held vertically when it discharged because the pellets travelled almost directly upwards. They passed from front to back. According to Dr L, AH's injury was non-survivable. He stated that the concussive effect on the brain meant that AH would have lost consciousness almost immediately. The disruption of the blood vessels lead to a massive loss of blood. Dr L commented that even if AH had been on the doorstep of a major trauma hospital, he was beyond medical treatment. As to the abrasions on AH's body, Dr L indicated that these were consistent with an immediate collapse on to the ground from his standing position. Dr L confirmed that the toxicological results showed a level of methamphetamine of 0.3mg/L. This is categorised by the Division of Analytical Laboratories as being within the toxic range. While he acknowledged that he had no particular pharmacological experience Dr L stated that the general properties of methamphetamine were commonly understood as heightened perception and awareness, an increased heart rate and general hyperactivity that had given the drug its nickname of “speed”. Dr L noted numerous vena puncture marks in front of AH’s left elbow. This is consistent with AH’s intravenous use of methamphetamine. Directory: Documents Documents -> Concept stage Documents -> Concept stage Documents -> The great global switch-off Documents -> Nonprofit grant application Documents -> The Truth about the Rwandan Genocide Documents -> Annual InStructional unit plan Documents -> Chaos equipment included Download 0.8 Mb. Share with your friends:
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