The coroner hears final statements at the inquest into the shooting of an Indigenous woman

The death of a woman who was fatally shot by police officers while carrying a knife could have been avoided, her family’s lawyer says.

WARNING: Aboriginal and Torres Strait Islander readers are cautioned that the following article contains the name and image of a deceased person.

The 29-year-old Yamatji woman, referred to as JC for cultural reasons, was shot by officer Brent Wyndham in September 2019 after she reportedly walked down a suburban street with a knife in her hand in September 2019.

Two years later, Mr. Wyndham was acquitted of her murder after telling the Washington Supreme Court that he had acted in self-defense and believed she was going to stab him before firing his gun.

An inquest into JC’s death, which examined the actions of eight police officers who were on the scene at the time of the fatal shooting, received final statements on Wednesday.

Kathleen Heath, representing JC’s sister Bernadette Clarke, acknowledged that while coroner Ros Fogliani could not make findings that would contradict the Supreme Court jury’s acquittal, she was still free to examine the circumstances in which she died. found to be avoidable.

Safety distance not maintained

Prosecutors in Mr Wyndham’s murder trial told the Supreme Court that 16 seconds had passed since he got out of his car, moved towards JC and pulled the trigger.

He failed to maintain the seven meter distance required by WA Police when using force for criminals armed with sharp weapons.

Ms Heath asked the coroner to find that JC did not “assault” then-Constable Wyndham and that his memory that she did was incorrect due to his heightened state in what was described as a “body alarm response” to a stressful event.

She said this was also not supported by the statements of the other officers present or by CCTV footage of the incident, albeit filmed from more than 60 meters away.

Officer Wyndham’s barrister, Jason MacLaurin SC, submitted that prejudicial findings about his conduct and whether JC lunged at him before she was shot were not available to the coroner as they were the decision of the Colonel’s jury “Thwarting” the court that confirmed his actions would be sensible and necessary.

However, Ms Heath argued that an adverse finding would not be inconsistent with the Supreme Court jury’s decision as he may have genuinely believed at the time that it was a reasonable act of self-defence.

The mental health emergency number has been activated

Ms Heath also called for recommendations that would fundamentally change the way police respond to people suffering from mental health problems.

She suggested introducing a health-led model with a dedicated mental health helpline, arguing that initial triage by a mental health team would have “shaped the response” of officers on the ground in Geraldton.

Ms. Heath said such triage could be more helpful if it incorporated information contained in an earlier triple-0 call from a family member of JC’s from a house a few blocks away where JC was visiting out of concern for her welfare, were provided.

“The establishment of such a line… [would] “Enable the community to access needed help without fear of putting their loved ones at risk of arrest or harm,” she said.

Ms Heath said WA Police training – particularly in the regions – needed a major overhaul and that this incident had “revealed systematic failings in the way officers were equipped and trained to respond to situations of this nature.” were oriented toward the use of force rather than “-escalation”.

“The public has the right to expect that police can resolve this situation without the use of force, and particularly without the use of deadly force,” she said.

WA Police’s lawyer expressed condolences to JC’s family for the “immeasurable loss they have suffered”, while the Department of Health’s lawyer said the service had adopted cultural governance policies in 2021 that incorporated Indigenous perspectives into its Include mental health policies and practices.

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