Report by the nsw state Coroner into deaths in custody/police operation
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The Shooting of Awale MohamedMr Mohamed died as a result of the combined effects of a gunshot wound to the chest and self-inflicted stab wounds. Dr Botterill, the Forensic Pathologist who examined Mr Mohamed post mortem opined whilst it is likely that Mr Mohamed was fatally wounded by his own actions in stabbing his chest, his condition was such that (after the shooting) the totality of his injuries were not survivable. There is no doubt that at the time of the shooting Awale Mohamed, mentally ill, was repeatedly stabbing Mr Fitzhenry and Mr Fitzhenry’s life was seriously in jeopardy. This event was taking place at about 3pm on the footpath in a busy shopping centre. Members of the public were in the vicinity and the adjacent roadway was busy with peak hour traffic. There were many independent witnesses to the shooting and whilst there may be subtle differences in their recall, all support the version of events as detailed by Acting Inspector Ajaka. I find that the action and conduct of Acting Inspector Ajaka was appropriate and reasonable in all the circumstances. A/Inspector Ajaka had to exercise his judgement quickly and under the most stressful circumstances that could every face a member of the Constabulary. The issues for the Inspector were:
There is evidence that some witnesses were positioned behind a window and glass doors in the Video Ezy store as this awful tragedy was unfolding. This was immediately behind Mr Fitzhenry and Mr Mohamed and in the direction of the gunshots. It has been suggested by the family that had the Officer received appropriate Mental Health training he could have taken a different approach. I can appreciate that this desperately sad family would feel this way having lost a valuable and much loved member in the worst possible circumstances, however the Officer could do no more than he did. He didn’t simply act instinctively, he was thoughtful and measured in his actions and under the circumstances, and he was remarkable. Acting Inspector Ajaka was taken by surprise when he initially saw the two men struggling. As he stopped his police vehicle he called for urgent assistance on the police radio. This was about 3.07and 20seconds pm. 50 seconds later, he calls again for assistance and an ambulance. He first drew his baton and called on Mr Mohamed to drop the knife. Unsuccessful and with Mr Mohamed advancing towards him, he drew his service pistol. He first tried to stop Mr Mohamed by aiming for his legs. Mr Fitzhenry heard the first gunshot and felt 2 or 3 pellets strike his leg as he was on the ground. This supports a low shot well away from Mr Mohamed’s central mass area. The Inspector tried to spare Mr Mohamed even though his own life was in danger. Mr Mohamed was seriously mentally ill at the time. Add to this his own personal background as a refugee from Burao, Somalia. He fled the tyranny of his native country where members of his family had been murdered or threatened with murder because of their political affiliations. As Mr Mohamed was advancing on Acting Inspector Ajaka, the Inspector was being pushed towards the police car and on to the roadway. He could easily have back into traffic placing his life at risk. He had nowhere to go. During the course of the inquest, the perilous situation facing Mr Fitzhenry seems to have been forgotten. He was being stabbed to death in front of the Officer and members of the public. Negotiation beyond calling on the assailant to drop his weapon was not an option. Acting Inspector Ajaka had only a few weeks earlier encountered another violent confrontation involving an assailant and a victim with stab wounds. He describes that incident: “I was just patrolling the area and I was driving up Patrick Street Hurstville and I could see a bloke walking down the street, just up the road from me, about 150 metres. I thought I better check out to make sure everything was all right, so I drove up a little bit and this car came up to me with two young blokes and told me a blokes been stabbed at the front of the premises just up the road. So I drove up and again called for assistance, and I saw another bloke in front of number (withheld) Patrick Street with stab wounds. He was bleeding pretty heavily from his arm, and later I found out from his back and some other places as well. On the front footpath of those premises there’s a bloke, I won’t mention names, there’s another bloke who is carrying a large knife, and I was told that this bloke just stabbed the other bloke, and also tried to stab another bloke. At that time I had my baton out. My steel baton and I commanded, called out to him to drop the knife. And after a number of repeats of that he actually dropped the knife and I was able to get him to the ground, arrest him and handcuff him. That happened about the 28th December”. This remarkable Officer dealt with that previous confrontation single-handed and without incident. Evidence was given by Acting Senior Sergeant Peter Davies, Training Co-ordinator, NSW Police Operational Safety Training Unit that “The rationale behind Police discharging a firearm at a human being is that there is such an overwhelming need present to stop that person immediately to prevent them from continuing with the actions that they are presently engaged in that a firearm, an option of lethal force, must be employed. The need must be so great that it carries with it the potential to cause serious injury or death to the offender as a result of the shooting. “A police officer resorts to the use of a firearm because the officer’s own life or the life of another is at stake.” Sergeant Davis gave evidence that the Officer’s conduct was consistent with police training. Acting Inspector Ajaka had to conduct his risk assessment in seconds. The overall incident took less than a minute. The Officer tried to wound Mr Mohamed in the first instance when he failed to respond to commands to ‘drop the knife’. There can be no doubt that Acting Inspector Ajaka faced a serious and life threatening challenge. Discharging his firearm in these circumstance was justified. 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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