Lindt siege inquest: Tori Johnson’s family blocked in attempt to find out who appointed Assistant Commissioner Mark Jenkins

TORI Johnson’s family want to know who decided Assistant Commissioner Mark Jenkins, who had already botched one counter-terrorism operation, would manage final hours of the Lindt siege.

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THE family of slain Lindt Cafe manager Tori Johnson have been blocked in their attempt to find out who appointed Assistant Commissioner Mark Jenkins, who had already botched one counter-terrorism operation, to manage the final hours of the siege.

Was it Deputy Commissioner Cath Burn, who had directed Mr Jenkins to be counselled after the 2005 shootout during which a police officer was shot, or was it the commissioner himself, Andrew Scipione, counsel for the Johnson family, Gabrielle Bachir SC, said they wanted to know.

Ms Bashir told the inquest into the 2014 siege today that it may be relevant both as to why Mr Jenkins had not approved a deliberate action plan to storm the cafe while the hostages were all alive and also relevant to the phone conversations between Mr Jenkins and his two superior officers in the final crucial hours of the 2014 siege.

Tori Johnson’s dad Ken Johnson arrives at the Lindt Cafe Siege inquest earlier this month. Picture: AAP Image/Paul Miller

She was making her submissions ahead of the much-anticipated appearance in the witness box at the inquest next week of Mr Scipione, Ms Burn and acting Deputy Commissioner Jeff Loy.

The police are continuing to try and retrieve text messages made by Ms Burn to officers on the night, the inquest heard.

Counsel for the NSW Police, Dr Ian Feckelton QC, accused Ms Bashir of trying to denigrate the reputation of “one of the most highly regarded members of the NSW Police Force” who had been promoted following the 2005 incident.

Mr Jenkins, then head of NSW counter-terrorism, ordered four police officers to arrest Omar Baladjam during the highly-publicised anti-terrorism Pendennis raids but did not warn them that Baladjam was violent, often armed and a member of known terrorist cell.

None of the arresting officers was wearing a bullet proof vest as Baladjam opened fire.

One officer was shot in the hand and Baladjam was shot in the neck.

At the time, Mr Jenkins was counselled after internal findings that he “failed in the duty of care” and put officers lives at risk through not “adequately warning” them.

Ms Bashir said the question of who appointed Mr Jenkins to the position of police commander on the night of the siege was relevant to whether or not Mr Scipione and Ms Burn were offering advice to Mr Jenkins at the time.

There was one phone call from Ms Burn to Mr Jenkins at 10.50pm on December 15, the night of the siege, and another call at 10.57pm between Mr Scipione and Mr Jenkins.

Ms Bashir said the evidence about the phone call between Mr Scipione and Mr Jenkins discussing the so-called DA at 10.57pm remained equivocal.

Police did not assault the cafe until 2.13am after Mr Johnson had been shot dead by terrorist Man Monis

On one version it was Mr Scipione telling Mr Jenkins that a deliberate action, under which police stormed the cafe at a time of their own choosing, was a last resort.

On another it was whether it had been Mr Jenkins who noted a DA was a last resort.

Police did not assault the cafe until 2.13am on December 16 after Mr Johnson had been shot dead by terrorist Man Monis. Barrister Katrina Dawson died after being hit by fragments of police bullets.

NSW State Coroner Michael Barnes ruled against Ms Bashir, saying that any documents or other information about 2005 incident were unlikely to be helpful or of relevance to the inquest and refused her request to order the police to produce documents about the issue.