Inquest into police shooting of Ben Freear starts in Hervey Bay

An inquest into the death of a Tiaro man police shot dead has heard of moment he started “laughing hysterically” after opening fire on his partner and her children.

Tiaro man Ben Freear was shot by police in Tiaro.

The partner of a man police shot dead has described the harrowing moment he shot at her and her two sons at the Tiaro property where they were living.

Benjamin Anthony Freear, 40, died on December 8, 2019, the day after he opened fire on his partner and her children.

During the first day of an inquest in Hervey Bay on Monday, Detective Senior Sergeant Stuart Mash said the officers involved had acted appropriately in shooting Mr Freear when he opened fire on two police vehicles.

He said they attended Mr Freear’s property the day after the shooting involving his partner and her children.

Mr Freear’s partner Lisa McGregor testified he was “like he was a totally different person” the day he opened fire on herself and her children.

“I had never seen him act that way,” she told Hervey Bay Coroners Court.

Police shot Tiaro man Ben Freear in Tiaro.

She said she, Mr Freear and her sons had visited neighbour Nathan Bulgarelli at his home on December 7, 2019 where they had played with his baby goats.

Ms McGregor told the inquest Mr Freear had been drinking and had a “happy” demeanour earlier in the day.

But when they got in the car to go home, she said Mr Freear began driving erratically on the dirt road back to the property where they were living.

Ms McGregor said she told him he was scaring her which made him angry.

The crime scene where police shot dead Ben Freear after firing a rifle at people and cars. Picture: Cody Fox

Ms McGregor and her two sons got out of the car as they approached the property and began walking back to the camp where they were living, she said.

She told her sons they would get into her car and leave.

But as they climbed into her car, she described Mr Freear approaching with a rifle, placing it to Ms McGregor’s temple and telling her to get out of the car.

Ms McGregor said she got out of the car and grabbed the rifle before they “fought a little bit”.

Officers at the scene of a police shooting in Tiaro in December 2019. Picture: Cody Fox

She said he hit her on the arm with the butt of the rifle.

She said she could not recall Mr Freear speaking, but remembered him “laughing hysterically” and at one point trying to shoot their dog.

Another neighbour came to the property and one of her sons was placed in his car, which was also fired upon, Ms McGregor said.

She got back into her car and Mr Freear caused damage as he shot at her vehicle.

Police shot and killed Tiaro man Ben Freear after he took shots at his former partner and her three children. Picture: Facebook

The vehicle made it to Tiaro before it became clear the damage was significant.

Ms McGregor said she was helped with the car before trying to drive to Maryborough but the car broke down on the way.

During that time, she received a phone call from Mr Freear’s brother Nick.

He had received a call from Mr Freear, who had told him he had shot Ms McGregor and her children and buried them.

The brother had then called the police, then called her to make sure Ms McGregor and the children were safe.

Ms McGregor and her children continued walking towards Maryborough until police officers picked them up and took them to Tiaro Police Station.

Mr Bulgarelli also testified during the inquest on Monday.

He said Mr Freear had been a different man and had seemed happier after starting a relationship with Ms McGregor.

He said they had visited his home with Ms McGregor’s children and Mr Freear had spoken to him about experiencing suicidal feelings in the past.

He spoke of hearing gunshots that night and early the following morning from the nearby property but believed Mr Freear was giving the two boys shooting practice.

Coroner Terry Ryan is overseeing the inquest into Mr Freear’s death.

The inquest will continue on Tuesday.