Ty Adams inquest: Push to change police pursuit rules after fatal car crash in Tweed in 2018
Police have been asked to rethink when they engage in pursuits after an inquest into the death of a young man in the Tweed.
Police & Courts
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A coronial inquest into the death of a young man who crashed on the Pacific Motorway at Tweed Heads in 2018 has recommended police raise the threshold of when to initiate a road pursuit.
Tyrone ‘Ty’ Raymond Adams, 22, died after suffering multiple injuries when the Mazda 121 he was driving crashed into the median strip and a tree on September 27.
Magistrate Harriet Grahame found Mr Adams had methylamphetamine in his system and was impaired at the time of the crash.
The Northern NSW inquest heard Mr Adams had been at a Margaret St, Tweed Heads, address on the night of the crash.
There was evidence Mr Adams was allegedly involved in a violent incident at that place, though no individual has been convicted of any offence in relation to this.
“While I cannot be certain of the details or exactly what role Ty played, I accept he was involved in a series of events that may have caused him to become especially fearful later in the evening when he was followed by NSWPF (NSW Police Force),” Ms Grahame said in her findings.
Mr Adams left the Margaret St address in the Mazda borrowed from a friend, who had leased it from Phillip Taylor at Taylor Made Car Sales and Hire in Murwillumbah.
The inquest heard it was the source of the lease car that in part caused a police officer to become interested in the Mazda.
Mr Taylor is known to lease motor vehicles at a very low rate compared to major vehicle hire companies – mainly due to the quality and age of the vehicles.
“Mr Taylor is well known to NSWPF in the Tweed-Byron Police District. Senior Constable Mitchell Evans states that Mr Taylor’s business model promotes the use of his vehicles to people otherwise unable to hire vehicles,” Ms Grahame said.
“This has resulted in a number of Mr Taylor’s vehicles being the subject of investigations, including in relation to drug supply, property crime, traffic offences, arson and deceased persons.
“Senior Constable Evans states that due to the association of Mr Taylor’s vehicles with these types of incidents, vehicles registered to Mr Taylor are often subjected to vehicle stops.”
There is no suggestion Mr Taylor did anything wrong and expert evidence found the condition of the car played no role in the fatal crash that was to follow.
Some 20 minutes after leaving the Margaret St address, the Mazda was spotted at Enterprise Ave in the Tweed Heads South industrial area.
Senior Constable Paul Barrenger was exercising police dogs in the area.
He spotted the vehicle drive toward him and then away from him and subsequent police checks revealed the car was registered to Mr Taylor.
Mr Barrenger decided to stop the Mazda to “check his (the driver’s) bona fides”.
The Mazda pulled over on Greenway Dr, but as Mr Barrenger got out of his vehicle and walked toward it, the Mazda moved away.
“ (Mr) Barrenger then got back into his vehicle and called ‘pursuit’ over the police radio,” Ms Grahame said.
A second police vehicle joined the chase on Minjungbal Dr, which was terminated at 9.30pm due to safety concerns.
The pursuit lasted about four minutes and 15 seconds.
It was not clear if a secondary pursuit was initiated, though police were still looking for the Mazda, which was spotted on Kennedy Dr.
The Mazda travelled west to the M1, funnelled between two cars and struck one of the vehicles.
A short time later, the Mazda was discovered crashed on the median strip dividing the north and southbound lanes of the M1.
Ms Grahame determined Mr Adams died of multiple injuries to his chest, abdomen and limbs.
“Tyrone’s death is a heartbreaking tragedy that has affected many lives. Anything that can be done to avoid such incidents occurring is worth considering,” she said.
“I hope the next iteration of the Safe Driving Policy reflects what has been learnt during these proceedings.”
Ms Grahame made a number of recommendations, including that the NSW Police Commissioner amend the police Safe Driving Policy (SDP).
Ms Grahame recommended mandating that a pursuit can only be started if police are satisfied a serious risk to the health and safety of a person existed before the decision to intercept or stop the vehicle.
Other recommendations include:
– Making it clear that in the terms of the SDP, and in any relevant training, the above test is the threshold test for a police pursuit.
– Amending the SDP so that once a chase is called the pursuit supervisor must, as soon as practicable, ask the pursuing officer to identify the serious risk to health or safety of a person that existed before the decision to intercept or stop the vehicle, and give independent consideration to whether that threshold is met.