Inquest into shooting of Duy Linh Ho finds police had no clear plan

Police had no clear direction in the moments leading up to a man being shot after he lunged towards an officer with a samurai sword, an inquest has heard.

An inquest into the death of a man who was shot by police after he lunged at them armed with a sword has found there was a lack of clear direction in the frantic moments leading up to the shooting.

Duy Linh Ho, 41, died from two gunshot wounds to the head and torso after he charged an officer while armed with a sword and a mirror at his home in Doolandella, Brisbane on July 22, 2019.

Queensland Coroner Terry Ryan said Mr Ho had a history of drug abuse and had the night before the shooting “consumed a large amount of methamphetamine” and locked himself in his bathroom while self-harming.

On the morning of the shooting, an ambulance was called for Mr Ho.

Police shot dead Duy Linh Ho after he ran at them with a samurai sword inside his home southwest of Brisbane. Picture: AAP / Glenn Hunt

Mr Ho had been threatening suicide and yelling to his partner that he wanted to die, the inquest was told.

“Police and ambulance came to his home and tried to negotiate for him to leave and get assistance while inside his home,” Mr Ryan said.

The inquest was told the negotiation began to ensure Mr Ho’s four children were able to leave the house safely, after concern for their wellbeing was raised by police.

“After his (four) children had exited the home, he died of gunshot wounds to the head and torso sustained during a confrontation with police when he moved rapidly towards a police officer while armed with a sword,” Mr Ryan said.

“He had failed to comply with numerous verbal commands to drop the weapon.”

The inquest had heard evidence from Mr Ho’s family and attending police officers who shed light on what occurred during the incident.

“The evidence of those who engaged with Mr Ho throughout the incident was that he remained agitated about the presence of police inside his home; this was apparent from the body worn footage,” Mr Ryan said.

“While his level of distress fluctuated, it was apparent he was in crisis.

“It was only around 20 seconds after the fourth child had left the house that Senior Sergeant Low drew his weapon.

“There was a rapid change in Mr Ho’s demeanour once the fourth youngest child left the home.”

An inquest into the death of Duy Linh Ho found police have since received better training on how to handle hostage situations. Picture: AAP Image/Glenn Hunt

Senior Constable Low, who shot Mr Ho, had motioned for the remaining paramedic officers to leave the house when he saw Mr Ho approach him at rapid speed armed with the sword.

Mr Ryan said the whole incident from when the last paramedic left the house to when Senior Constable Low’s weapon was discharged was 10 seconds.

The shooting was subject to Queensland Police Service incident review.

“The critical factor in circumstances was the apparent failure by police to tactically withdraw once all of the occupants at the home had left the residence,” Mr Ryan said.

“It was submitted on behalf of (Mr Ho’s partner) that once the fourth child was removed, all officers should have left.”

Mr Ryan found Senior Constable Low had not received instructions on what to do once all children were out of the house safely from his commanding officer, Senior Sergeant Manning-Jones.

“He should have been given an early mission objective or command that the next step was de-escalation or to tactically withdraw to bring on the next level of negotiation,” he said.

“That course would have been more protective of Mr Ho’s right to life.

“The actions of Senior Sergeant Manning-Jones, as officer in charge, including his language and decisions to apprehend the POI, coupled with the negotiators’ unwillingness in accordance with QPS policy to actively engage with Mr Ho until a team is present were also concerning features of this incident.”

The inquest heard those officers inside the house had been told to turn their radios down and would have been unable to hear further instructions from Senior Sergeant Manning-Jones.

Duy Linh Ho had been experiencing mental health issues and had been a heavy drug user before he was shot dead by police in 2019, an inquest has found. Picture: AAP / Glenn Hunt

However, Mr Ryan stated that after hearing the evidence “the use of lethal force by Senior Constable Low was justified and tactically sound, given the actions of Mr Ho and the escalation of the event”.

“It was clearly reasonable fear of death or reasonable fear of harm, given Mr Ho was armed with a sword and rapidly approaching Senior Constable Low,” Mr Ryan said.

He said he accepted the evidence from investigating officers that since the shooting, police training around handling hostage situations has changed.

“I accept the areas for improvement identified in his report are sufficient to address the shortcomings and leanings from this incident,” Mr Ryan said.

“The steps that have been taken since this incident outlined in these findings are sufficient to address concerns for a police response.”

Originally published as Inquest into shooting of Duy Linh Ho finds police had no clear plan