Report by the nsw state Coroner into deaths in custody/police operation
of 2006 Inquest into the death of David Neal at Canberra Hospital on 8 March 2006. Finding handed down by Deputy State Coroner Pinch on 28 June 2007
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367 of 2006 Inquest into the death of David Neal at Canberra Hospital on 8 March 2006. Finding handed down by Deputy State Coroner Pinch on 28 June 2007.Around 12.30 pm on 8 March 2006, Snr Const Adams at Cowra Police Station received a telephone call from Diane Neal in South Australia. She was concerned for the welfare of her estranged husband, David Neal, who lived and worked on the property ‘Rosedale’, 159 Pine Mount Road, Cowra. The reasons for her concern are set out below. Suffice to note here that Ms Neal was convinced that David Neal was about to kill himself. Within minutes, Snr Const Adams telephoned Mr Neal’s house on the property and spoke to his son, William. After a brief search, William indicated that he could not locate his father. At that stage, William denied that his father had access to a firearm. A check of the COPS system did not reveal any contrary information. However, when further questioned by officers Adams and Kelly on their arrival at the property, William admitted that his father did have a gun and that it was missing from its position behind a couch. It is important to note in the sequence of events that Const Kelly, who accompanied Snr Const Adams to the property, telephoned the Ambulance Service en route at 1.19 pm in anticipation that medical assistance/transportation may be required. Ambulance Officers Anning and Leiper arrived at 1.49 pm. Police searched the house and nearby sheds looking for a clue as to Mr Neal’s whereabouts. William Neal started looking along a nearby creek before he was called and taken back by officers. Const Kelly then assumed the role of looking after William, who appeared to be in shock, ensuring he did not impede the on-going police search or inadvertently discover his father’s body. At 1.55 pm Police and Ambulance Officers heard a muffled gunshot from the vicinity of the creek further distant in the direction that William had started to traverse. I note that the evidence is consistent as to the fact that, at the time the gunshot was heard, the nearest police officers were about 150 metres away from the position where Mr Neal was subsequently located. No one saw any movement in the vicinity prior to the shot. Indeed, Const Kelly was paying particular attention to the cows to detect their response to any human movement and observed none. Police and ambulance officers then proceeded to the vicinity of the gunshot and located Mr Neal on a natural ledge formation part way down a steep creek embankment. Ambulance Officer Anning was the first to reach Mr Neal. He immediately observed a recent gunshot wound to the head. He also detected a faint pulse and quickly relayed this information to Mr Leiper. Mr Anning then crossed the creek with Mr Neal hoisted over his shoulders. There he was assisted by Snr Const Adams him in pulling Mr Neal up the steep embankment. They were met by Mr Leiper with an ambulance stretcher. Mr Anning and Mr Leiper then tried to resuscitate Mr Neal, assisted in their efforts by Snr Const Adams who ran to and from the ambulance with various pieces of equipment as needed. Snr Const Adams later drove the ambulance to Cowra Hospital to enable the ambulance officers to continue working on Mr Neal on the way. Mr Neal was later transported to Canberra Hospital where he died at 9.15 that night. JurisdictionBecause Mr Neal died in Canberra both the A.C.T. and N.S.W. had coronial jurisdiction. Since the circumstances of his death occurred in N.S.W., the relevant coroners agreed it was more practicable for the investigation to be conducted, and the inquest held, in N.S.W. Post Mortem Examination Dr Orde, forensic pathologist, conducted a post mortem examination of Mr Neal on 10 March 2006. He supplemented his written report with oral evidence at inquest. In his opinion, Mr Neal died of a gunshot wound to the head. He noted that the size of the wound was consistent with the passage of a .22 calibre bullet. He also noted that the trajectory of the bullet through the head was from right to left, front to back and upwards. There was no exit wound. Dr Orde drew attention to abrasions of the skin around the wound that he considered had been caused by the muzzle of the gun being placed against the skin at the time of discharge. Additionally, he noticed tattooing marks around the wound that was characteristic of the emanation of flames, soot, and gunpowder from the muzzle. Dr Orde commented on observations made at Canberra Hospital of apparent shotgun pellet marks on an X-ray. He stated that these were actually fragments of metal as a result of the bullet impacting with the skull. Dr Orde noted some minor abrasions on Mr Neal’s arms and back, which he described as consistent with being pulled up a creek embankment. As for Mr Neal’s rib injuries that he noted in his report, he considered that these were caused by resuscitative efforts and played no role in Mr Neal’s demise. Indeed, he concluded that there were no injuries that could have been derived from an interpersonal assault. Intention Although Mr Neal did not leave a suicide note, his intention to end his life is evidenced by the following conversations he had with members of his family:
From the evidence of these conversations, I am satisfied not only that Mr Neal intended to end his life but also that he intended to act that day, 8 March. I am also satisfied that he had already decided upon this course of action prior to telephoning Ms Dianne Neal in Adelaide because the purpose of the call was to persuade her to come to Cowra that day to care for their son. 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 0.53 Mb. Share with your friends:
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