Inquest into drowning death of Mid-North Coast man Brandon Clark during police chase continues in Taree

The inquest into the harrowing death of a Taree man who drowned while fleeing police was suspended as emotions spilt over.

Magistrate Erin Kennedy turns back as the other parties go down to the Manning River edge on the first day of the inquest into the death of Brandon Clark, who drowned in January last year. Picture: Janine Watson

A police officer exclaimed “he’s going under, he’s struggling – you’re going to have to go in” moments before a Taree man drowned while being pursued by officers, an inquest has heard.

The probe into the drowning of Brandon Clark in January last year has heard from a police officer, who detailed the dramatic last moments 23-year-old Mr Clark was seen alive, battling in the dark, flooded waters of the Manning River on January 22 last year.

Mr Clark’s mother Kate Leland sobbed as she listened to the officer’s evidence and Magistrate Erin Kennedy called a short recess when she could no longer compose herself.

Family and friends of Brandon Clark, including his mother Kate Leland (front left), brother Ben Clark (behind her) and Ben's wife Ayesha with their baby outside Taree Local Court on the first day of the inquest into Brandon Clark's death. Picture: Janine Watson

Mr Clark died after the sedan he was travelling in was stopped by police on Commerce St about 3am.

His body was retrieved by police divers about 10 hours later and an autopsy showed a significant amount of meth in his system.

Mr Clark’s cause of death was “in keeping with drowning” the inquest heard on Monday.

The officer giving evidence on Wednesday morning, who cannot be named for legal reasons, was called to the river for “a convey” job.

He said he had been tasked to bring a caged police vehicle from the nearby police station to arrest Mr Clark, who was breaching bail.

Mr Clark was a passenger in the back of the car when an interaction with police began, in which he initially gave a false name.

In his evidence, the officer told the court he drove the caged vehicle down to the river, but Mr Clark had already entered the water at that stage.

Brandon Clark. Picture: Supplied

The officer told the inquest he heard a colleague say “he’s (Mr Clark) going under, he’s struggling – you’re going to have to go in, you’re going to have to go in”.

He described the conditions of the river at the time – it was high tide and the water had been murky and swollen for months due to heavy rain.

“Since the floods it had been brown and high for about six months – dirty and full of debris,” he said.

“Some of the things I saw floating down the river in the floods was quite crazy”.

Police and SES at the Manning River after Mr Clark’s death.

The inquest heard two other officers entered the water when they noticed Mr Clark in trouble, including a female probationary officer.

The officer giving evidence said he returned to his vehicle to secure his gun and shine more light on the area.

Officers were unable to find Mr Clark and swam back to shore, as the constable struggled, the inquest heard.

“The look on her face and her actions in the water – she was going under the water,” the officer said.

Ben Clark with his brother Brandon Clark. Ben has been attending the inquest into his brother's drowning and says it is so "depressing". Picture: Facebook.

Questions over ‘no mercy’ wanted list

Questions continued on day two of the inquest about a “no mercy – take action” wanted list that Mr Clark was listed on at the time, according to counsel assisting the coroner Jake Harris.

The inquest previously heard police were conducting a special operation targeting property crime at the time of Mr Clark’s death.

It was described as a ‘business as usual’ operation involving normal duties, but extended patrol hours around hot spots, engaging with wanted persons.

Mr Harris asked the officer giving evidence about the list and a “take action” directive sent by a senior officer via email at the time to police across the Manning-Great Lakes region.

“I have no individual recollection, but I would have received it,” he said.

“Emails like this don’t change the way I work.”

A second officer who have evidence was asked about the list and replied: “It’s just a phrase (take action) that some people in management level like to use”.