Coroner’s recommendation after Luke Gilbert shot dead by police

A 24-year-old man who was shot dead by police at a Queensland party strip had once called police believing they’d come and shoot him if he was armed. A coroner has made a recommendation following his death.

Luke GIlbert was shot and killed in 2022 after he “rushed” at police while armed with a knife. Picture: Facebook

A coroner who investigated the death of a man who “rushed” at police in Airlie Beach while armed with a knife, shouting “shoot me faggots”, has recommended more research be conducted into “victim precipitated homicide”.

Luke Gilbert was 24 when he was shot three times in the Whitsundays party strip on October 1, 2022, after a day of drinking.

Inquest findings delivered on Friday detailed Gilbert’s history of mental health issues, including instances of self-harm and alcohol-induced depressive episodes.

The inquest heard that two years earlier, while in Western Australia, Gilbert had self-harmed and upon realising his wounds were superficial, called police “as he believed they will come and shoot him if (they) saw a knife in his hands”.

Police never arrived.

About a week before he was killed, Gilbert, supported by friends, went to the Townsville Hospital emergency department and reported “suicidal and homicidal ideation”.

Luke Gilbert had a history of mental health issues. Picture: Supplied

The inquest heard he told staff he had become homicidal at the pub that night after struggling with the death of a close friend and relapsing into alcohol abuse.

He left the hospital before being assessed by a mental health clinician.

“As Luke presented voluntarily to the hospital, at the time he left he could not be compelled to stay, nor retrieved from the community and taken back to the hospital involuntarily,” Deputy State Coroner Stephanie Gallagher said in her findings.

The hearing was told Gilbert and his girlfriend had spent the evening of September 30 at various nightclubs and bars in Airlie Beach.

CCTV obtained from the Airlie Beach BWS showed Luke with the knife clipped to his board shorts.

Shortly after midnight, as the pair were seated in the outdoor smoking area of Magnum’s Hotel, Gilbert became annoyed by something his girlfriend said.

“When you’ve calmed down, come inside and find me. I’m going to the pokies,” she told him.

Instead, Gilbert left the hotel, and the pub’s security would recall him “storming out the front door” before heading east along Main St.

The inquest heard three minutes later, Gilbert passed two police officers in the street, bumping into one with his shoulder.

“It appeared intentional, on Luke’s part,” Coroner Gallagher said in her findings.

Regardless, Gilbert said “excuse me” to the officer, Senior Constable David Murray, who replied “no worries”.

Luke’s parents Darren and Nicola Gilbert. Picture: Brendan Radke

The second officer, Constable Liam Forster, saw the contact and asked Gilbert: “Are you alright there mate?”

The inquest heard the officer then said, “all right then, tough guy”, and when he looked back at Gilbert, saw him standing with one hand placed over his jumper.

The situation then escalated, and Gilbert pulled out a folding knife with an 8cm blade and a camouflage-patterned handle and told the officers: “Shoot me, I dare ya.”

The two officers drew their guns and shouted repeatedly for Gilbert to drop the blade, while Gilbert shouted back “f***ing shoot me faggot”.

The findings detail how the two officers walked backwards while Gilbert continued to advance on them.

The knife carried by Luke Gilbert.

Five shots were fired, with three of them hitting Gilbert.

Police attempted CPR and paramedics took over when they arrived on scene soon after. Gilbert was declared dead at 12.45am.

Coroner Gallagher found the two police officers “acted in accordance with the relevant QPS policies and procedures” and that their actions and use of force were “appropriate”.

She recommended that a submission be made to the Australia New Zealand Policing Advisory Agency to conduct research into victim precipitated homicide.

The inquest heard that victim precipitated homicide is a “complex phenomenon” in which the victim’s behaviour contributes to their own death.

The Courier-Mail has previously reported calls from the Queensland Police Union for a Royal Commission into Queensland’s mental health system following a series of police shootings involving people suffering from mental health conditions.

QPS officers shot 10 people in the 2023-24 financial year, including seven who died.

There were 14 police shootings during the 2022-23 financial year.

Gilbert’s parents have consistently protested the evidence presented on their son’s death and created a petition “Justice for Luke” that has gained 35,000 signatures.

“Our son, Luke Gilbert, a 24-year-old, was shot dead by two police officers under highly suspicious circumstances whilst simply crossing the road in Airlie Beach, Queensland,” the petition says.

“Our world stopped that day and since then, the ‘criminal justice’ process has been nearly as brutal for us as our son’s death.”