The story behind the death of Tiaro father of four Ben Freear

Just weeks before he went on a rampage in which he fired a rifle at his new partner and her children before turning on his neighbours, Ben Freear’s life was looking up. So how did it all go so wrong? SPECIAL REPORT

Six weeks before Tiaro’s Ben Freear was shot dead by police, he was in a new relationship and a neighbour and friend noticed a change in him - he seemed happier.

Six weeks before 40-year-old Tiaro father Ben Freear went on a rampage and was shot dead by police, he found himself in a new relationship and things were looking up.

A neighbour and friend noticed a change in him – he seemed happier, like a “different man”.

But what happened in the hours leading up to his death on December 8, 2019, were not the actions of a happy and stable man. He had come undone.

An inquest into Mr Freear’s death was held in Hervey Bay in early April 2023, examining the mental health treatment he received in the lead up to his death, and the actions of police after he fired a rifle at his new partner and her children before turning on his neighbours.

After years of physical labour, Mr Freear, who his mother Sharon Ah Sam described as an “iconic Australian bushman,” was taking medication for his pain, drinking to excess and dealing with the fallout of the breakdown of his marriage to the mother of his four children.

His new partner, Lisa McGregor, and her two boys, seemed to change his demeanour for the better, neighbour Nathan Bulgarelli told the inquest.

Mr Freear, Ms McGregor and her children had visited Mr Bulgarelli’s home the night before he died.

She described going to the home for a few drinks and to see the baby goats Mr Bulgarelli was raising.

But the two men would have a telling conversation that night, in which Mr Freear would reveal his mental health struggles and lament the difficulties he had faced in 2019.

Mr Bulgarelli confided in Mr Freear about his own struggles with the “black dog”, he told the inquest.

Tiaro man Ben Freear was shot dead by police.

It was as they left his home later that night that the situation quickly soured.

“When we left Nathan’s property is when Ben’s mood changed,” Ms McGregor said.

Ms McGregor had raised concerns about Mr Freear’s manner of driving – he had been drinking and he began laughing and driving erratically on the dirt road back to the campsite where they were living on a property owned by Stephen Watson.

After Ms McGregor told him to “stop being an idiot” because his driving was scaring her, Mr Freear become angry.

She told the inquest he started swearing and hitting the steering wheel.

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”.

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.

Mr Watson 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 to the radiator as he shot at her vehicle.

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

The crime scene where Ben Freear was shot dead by police.

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.

SOUNDS OF GUNSHOTS RING OUT

During his testimony, Mr Bulgarelli told of how he had heard gunshots after Mr Freear and Ms MsGregor left the property on December 7, 2019.

But he believed Mr Freear was giving the two boys shooting practice, never imagining what was actually unfolding.

Police officer Sergeant David Leonforte testified via phone during the inquest.

He was one of the officers at Tiaro Police Station during the incident and spoke with Mr Freear once on the phone prior to the arrival of the tactical police squad.

Sgt Leonforte had contacted Mr Freear in attempt to find out what was going on after receiving numerous reports of his behaviour on December 7, 2019, he said.

He said he felt Mr Freear was a person who may be in the midst of a mental health crisis.

As well as the incident involving Ms McGregor, Mr Freear had driven to a neighbouring property where Rollo Campbell lived, ramming a vehicle there and discharging a firearm several times.

On their way to the property, police encountered Mr Watson, who told them Mr Freear had shot at him, and they observed a bullet hole in his car.

The crime scene where Ben Freear was shot dead by police at Tiaro.

Then there was a third incident in relatively quick succession, Sgt Leonforte said.

After Mr Freear left Mr Campbell’s property, he drove to another neighbouring property owned by John Hogan.

He pointed his headlights towards the property of David Barrett.

When Mr Barrett approached to ask what was going on, Mr Freear threatened to “blow his head off”, and fired two shots.

Mr Freear then drove to Mr Hogan’s home and told him he had his rifle in the car, had just put a “shot over” Mr Barrett’s head and thought the police were looking for him.

Mr Freear was observed to be upset and stressed, the inquest heard.

Mr Freear took some fuel, told Mr Hogan and his wife that he loved them both, and drove to Joanne Whitford-Smith’s home on Thies Road.

At 9.11pm Mr Barrett called police again and told them Mr Freear had driven off in the direction of Maryborough.

When Mr Freear arrived at Ms Whitford-Smith’s property, he called out to see if she was home and fired two shots.

He entered her home wearing only camouflage pants, no shoes or shirt, and carrying two rifles.

He told Ms Whitford-Smith that he had seen a pig and shot at it.

Still intoxicated, Mr Freear told her, “I’m in the s**t, I’ve done it this time”, and admitted that he had been shooting cars, and put a bullet in someone’s engine.

He told her he had a crossbow in his car, and repeatedly said that he would “be dead by morning”.

He said he wanted a “last battle” and “if they don’t take me out by morning I’ll take myself out”.

While at Ms Whitford-Smith’s home he continued drinking and smoked some cannabis and appeared to calm down, the inquest heard.

Tiaro man Ben Freear was shot by police.

‘YOU JUST TRY TO FIND ME AND SEE WHAT HAPPENS’

In the wake of the incidents, police cordons were established and negotiators were contacted.

“At that point I thought it prudent that I should contact Ben Freear to establish, if I could, where he was, if he was okay, and commence a dialogue with him to establish from his point of view what really was going on because it was at that stage getting quite hectic,” Sgt Leonforte said.

As a police negotiator he felt it was an appropriate time to call given the number of incidents that had taken place, Sgt Leonforte said.

Sgt Leonforte described Mr Freear’s mood as changing several times during the phone call and his final words were described as “threatening”.

“You just try and find me and see what happens to you,” Mr Freear said.

“We’ll see how good a shot you are.”

Mr Freear then hung up the phone and all following attempts to call him again were unsuccessful.

GOT OUT OF VEHICLE WITH RIFLE IN HAND

Coroner Terry Ryan said more information was still being gathered regarding Mr Feear’s mental health treatment.

He said the inquest would be adjourned to decide whether more hearings were needed.

But in terms of submissions regarding the police response, he found there could not really be any criticism of the officers, including Sgt Leonforte.

About 6.50am, specialist officers conducted an initial sweep of Mr Freear’s last known locations, then took up containment positions on the property where he lived.

At that time, Mr Freear appeared and drove his Landcruiser towards the gate on the northwest corner of the property and fired upon the officers and the vehicle.

One of the officers returned fire.

At times, both of the vehicles reversed in an effort to give Mr Freear space, the inquest heard, but he continued to engage with police, getting into his own white Landcruiser and driving towards the police.

A second officer who testified described hearing and feeling bullets hitting the vehicle as Mr Freear fired at them.

As Mr Freear continued to drive towards one of the armoured vehicles, instructions were given to contain him and prevent him from going out into the community.

At that point his vehicle was fired upon, bringing it to a stop.

One of the tactical officers who saw the fatal shooting said that all other avenues of withdrawal had been exhausted at that point and action needed to be taken.

“The behaviour of Mr Freear was not subsiding,” he said.

Mr Freear then got out of his vehicle with his rifle still in his hand and was shot by police.

Officers then tried to give him first aid, but he died of his injuries before paramedics could arrive.

The crime scene where Ben Freear was shot dead by police.

A MOTHER’S ANGUISH

Mr Freear’s mother, Ms Ah Sam, appeared via videolink at the inquest and read her statement out to the court on the final day.

“I believe an operator present at Ben’s death stated ‘it’s just a tragic bloody set of circumstances. There’s nothing good about any of it’,” she said.

“There was nothing good about a competent and capable rural worker, once the sort of man respected as an iconic Australian bushman, the backbone of the farming economy along with shearers and later miners, suffering a mental breakdown.

“There was nothing good about Ben suffering pain from years of hard physical work and never finding the help he needed to relieve that pain.

“There was nothing good about Ben self-medicating his pain and depression with alcohol, along with his prescribed medication.

“There was nothing good about Ben feeling at the end of his tether with his life circumstances and finally shooting at one man’s car and ramming the other.

“There was nothing good about Ben using an old rifle as a farm and hunting tool and using it the night before he died to scare away these people from him.

“There is nothing good about his four children left without a father.

“His daughter was four when he died.

“He delivered her in the car on the way to Chinchilla Hospital.

“He cherished her.

“She will never know the love of her father.

“His youngest son was two when he died.

“He will grow up never having a father, never being taught the farming and rural work skills Ben taught his two older sons.

“There is a grandchild due this year who will never know his grandfather.

“A grandchild that just might have given Ben enough hope to carry on.

“There was nothing good about our family having to tell Ben’s 90-year-old grandmother about his death.

“She has a photo of him, her and his daughter on the wall of the room of her nursing home.

“It shows a loving and kind grandson.

“He visited her whenever he could and loved always to bring her a new plant.

“There’s nothing good about his brother losing his best friend and mate in all the world.

“He’s just turned 40, the age Ben was when he died.

“There’s nothing good about his 80-year-old father losing the son he loved, especially in such tragic circumstances.”

Tiaro Police Station. Photo: Cody Fox

“There’s nothing good – his two sisters, shock, grief and trauma at having their loved brother killed by police.

“Never to hear his stories again, never to ask for his help, never to hear his chuckle as he tells another yarn.

“Neither one has recovered yet.

“The eldest graduated from her university nursing degree a week after Ben died and has never worked full-time as a nurse in the years since Ben’s death due to trauma and anxiety symptoms.

“The youngest struggles still with depression. They loved their brother.

“There is nothing good about his many friends never being helped by him again.

“All of them now have a Ben-shaped hole in their heart.

“He was such a character and a reliable friend who can never be replaced for them.

“There is nothing good about me, Ben’s mother, losing my eldest son in a tragic bloody set of circumstances.

“I don’t sleep well, I can’t stand to be near police with guns hanging off their hips.

“The way Ben died will never leave me.

“I have a duty of care to my patients, to me there seems to be no duty of care by police to people suffering mental breakdowns.

“There will always be much that will remain a mystery to friends and family but one thing we know is there was nothing good about what happened to Ben on Sunday morning the 8th of December 2019.

Tiaro father Ben Freear.

“What does remain good for all of us who knew and loved Ben is the 40 years of memories before that day of a loving, curious adventurous and yarn-telling boy who aspired to live a self-sufficient life by the work of his own hands.

“A generous and hardworking young man who provided for his family’s needs and was generous with his time and knowledge with friends and neighbours.

“A friend of strangers and those on the margins of society, his best mate at school was a disabled lad he looked out for.

“If Ben couldn’t say a good word about someone, he rarely said a bad.

“We’ll remember his laconic remarks, his chuckles at his own dry wit, his capability on the land and on the water, the feeling of safety we had when he took us out on his boat or out camping.

“Ben was a true Aussie bushman and our memories of him are all we have now.”

HOW FORMER WIFE WANTS KIDS TO REMEMBER HIM

Mr Freear’s former wife Mary Freear also submitted a statement to the court.

She said they had been together as teenagers, up until about a year before his death.

Ms Freear spoke of raising their children together and how he had helped deliver his daughter by the side of the road when he they couldn’t make it to hospital.

She described Mr Freear as a “complex and unique man”.

“I want his children to remember the positive and wonderful parts of Ben’s character, and those little things about him too, such as that chocolate mint biscuits and pavlova were his favourite sweets.

“He was a master with a chainsaw and a Christian who put God first,” she wrote.

“Ben was good at including people and making sure people felt part of the group.

“He used to view himself as a peacemaker and often quashed trouble respectfully and quickly if out in a public venue like a pub.”

Tiaro father Ben Freear.

Mr Freear was friends with people on the fringes of society and gave his time generously, Ms Freear said.

He was resourceful and knew how to make a meal from the land, she said.

“One year close to Christmas when funds were tight, we lived off wurst and jerky made in a homemade smoker from meat harvested from the land.

“Looking back it was one of the best times of my life and I would give anything to be back down by the river with Ben eating the delicious smoked meats fresh from the smoker.”

Ms Freear said looking at her children, all with brown eyes, reminded her of Mr Freear.

She said her younger children would not remember him.

“I know there is never going to be a time when we go back to living a normal life,” she wrote.

“We will keep pushing on but the pain will not go away. Every day we wake up to the harsh reality that Ben is dead.

“There are no do-overs, but we will keep asking the questions we want answers for about his death.

“If Ben’s suffering can change the outcome for the better for other people facing the same issues then his death was not in vain.”