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‘Shoot me fa**ot’: Inquest reveals shooting victim goaded police

A tradie shot dead in a gutter by police after a night out partying in Airlie Beach allegedly told officers to shoot him while armed with a knife.

Luke Gilbert, the young WA man who was fatally shot by police in Airlie Beach, after he allegedly approached them with a knife. Picture: Facebook
Luke Gilbert, the young WA man who was fatally shot by police in Airlie Beach, after he allegedly approached them with a knife. Picture: Facebook

An inquest will be held into the death of Luke Gilbert who was shot dead by two police officers while allegedly armed with a knife during a night out in the Airlie Beach party precinct last year.

Mr Gilbert was shot in the chest three times shortly after midnight on October 1, 2022, after he allegedly approached officers Constable David Murray and Constable Liam Forster on Shute Harbour Rd while holding a Milwaukee pocket knife that measured a total 19cm, including the handle.

The 24-year-old had been out drinking prior to the shooting with his then-girlfriend.

Counsel assisting the coroner Julie Pietzner-Hagan told Queensland Coroner’s Court on Tuesday that CCTV footage would be played at the inquest, which showed Mr Gilbert allegedly pulling a knife from his belt and walking towards the two officers yelling “f***ing shoot me fa***t”, moments before he was shot.

Paramedics tried to resuscitate Mr Gilbert but he died shortly after.

Luke Gilbert, the young WA man who was fatally shot by police in Airlie Beach, after he allegedly approached them with a knife. Picture: Facebook
Luke Gilbert, the young WA man who was fatally shot by police in Airlie Beach, after he allegedly approached them with a knife. Picture: Facebook

The inquest will seek to determine whether police were forced to shoot Mr Gilbert, otherwise known as victim precipitated homicide.

It will also investigate whether police acted in accordance with police policies, if their actions were appropriate, whether their training for the scenario in question was proficient and if any changes should be made to police procedures to reduce the likelihood of another similar death.

Mr Gilbert’s mental health and intoxication levels will be addressed in the brief of evidence with the inquest to be held over a three to five day period in Cairns from August 7.

Ms Pietzner-Hagan said CCTV gathered from various venues around the Airlie Beach night-life precinct would also show a timeline of Mr Gilbert’s movements on September 30, prior to the shooting.

She said a toxicology report found Mr Gilbert had a blood alcohol concentration level of 0.112 per cent, and no other drugs in his system at the time of the shooting.

The court heard Mr Gilbert was “within the recommended 10-metre reactionary gap” of the two officers while armed with the knife, with police reports describing the interaction as “unplanned”.

Luke Gilbert was shot and killed by police. Picture: Facebook
Luke Gilbert was shot and killed by police. Picture: Facebook

Barrister Klaire Coles will be representing Luke’s parents Darren and Nicola Gilbert, who listened to the pre-inquest on Tuesday via phone from Western Australia.

Mr and Mrs Gilbert allege their son was murdered by police, claiming he did not threaten them prior to the shooting.

The family has started an online petition calling for an independent inquiry into police brutality.

Barrister Emily Cooper will represent the Queensland Police Service on behalf of Commissioner Katarina Carroll, and criminal lawyer Craig Pratt will represent Constables David Murray and Liam Forster.

Mr Gilbert’s family will attend the August inquest in person.

Timeline of alleged events:

■ 10.30am

Mr Gilbert and Ms Mallor arrive at the Lagoon car park in a Toyota HiLux dual cab utility. Over seven hours, the pair visit a restaurant, the Airlie Beach Hotel, BWS and Beach Bar and Grill.

■ 5pm

Mr Gilbert returns to the car and puts on a pair of long pants.

He then goes to the Magnums adults only accommodation.

■ 6.50pm

Mr Gilbert arrives back at the car and puts on black pullover shirt.He goes back to Magnums, then visits Hush Bar, Paddy Shenanigans and Mama Africa Nightclub.

■ 10pm

Mr Gilbert walks past Constable Murray and Constable Forster, but they do not interact.He then goes to Boon Nightclub, Tropic Kebab, Hush Bar and back to Magnums.

■ 12.10am

Constable Murray and Constable Forster are pictured on CCTV walking east on Main Street past Magnums.

■ 12.15am

Mr Gilbert and Ms Mallow have a conversation in an outdoor area at Magnums, with CCTV capturing Mr Gilbert appearing to push an ashtray off a table. Witnesses at Magnums say they saw him with a knife clipped onto his belt.

■ 12.20am

Mr Gilbert walks past Constable Murray and Constable Forster, who appears to bump or brush past Constable Murray.

Police bodyworn camera footage shows Mr Gilbert allegedly putting his right hand on his right hip, unclipping his knife and holding it in his right hand.

Footage shows Mr Gilbert standing in the gutter on the road, allegedly telling the two officers to “shoot me I dare ya,” while walking towards them.

Constable Forster pulls his gun and issues a warning to Mr Gilbert, “armed police, put down the knife”. Mr Gilbert allegedly responds, “do it.”

Police continue backing away, with Constable Forster issuing further verbal warnings, telling Mr Gilbert to “put it down mate.”

Mr Gilbert allegedly continues walking towards the officers, saying, “f***ing shoot me fa***t.”

Constable Forster says “stop moving, stop moving closer,” before the officers fired five rounds, three hitting Mr Gilbert in his upper right chest.

■ 12.45am

Mr Gilbert is pronounced dead.

Original URL: https://www.couriermail.com.au/truecrimeaustralia/police-courts-qld/shoot-me-faot-inquest-reveals-shooting-victim-goaded-police/news-story/137588807d964ac4e460bc34f57e806d