Warren Simon coronial inquest: Was use of force “reasonable” in fatal shooting of man who tried to stab officers?

A coronial inquest is looking into the death of a First Nations man shot dead by police after he stabbed one officer and lunged at another in a frenzied attack. WARNING: A deceased Indigenous person is referenced in this story.

The scene of the shooting in Wickham on April 7, 2023. Picture: David Swift.

A coronial inquest into the death of a man shot by police after he stabbed one officer and lunged at another will look into whether there was “reasonable” and “appropriate” use of police force that followed chaotic scenes.

WARNING: A deceased Indigenous person is referenced in this story.

Harrowing police body worn video shown in Newcastle Coroner’s Court on Tuesday, part of a three-day inquest before Deputy State Coroner Kasey Pearce, showed First Nations man Warren Matthew Simon violently unleash on two officers investigating a suspected burglary at a premise in Cooks Hill a day earlier.

The court heard the 38-year-old from Toronto - known as ‘Wazza’ - was squatting at a unit in Wickham on April 7 last year when the Newcastle officers knocked on the door.

When the pair arrived, they were confronted by Mr Simon wearing clothes which matched those reported missing, while a TV stolen from the residence was thought to be inside and a car also reported stolen was parked nearby.

Mr Simon, who died after being shot by police when he lunged at them with a knife.

Forensics at the scene at Wickham. Picture: David Swift.

The body-worn footage showed how Mr Simon calmly opened the door and chatted to officers and, as he collected the rest of his belongings, then removed a 12cm kitchen knife from his pocket and swung it at the male officer, slicing his armpit.

The court then saw Mr Simon flee outside the Bishopsgate St home with the female officer giving chase before he turned and lunged at her, only to be saved by her colleague who fires three fatal shots.

The footage also showed there was a frantic call for help from one of the officers as she screamed “shots fired” into her radio and relayed that two officers and a POI (person of interest) had been injured and were bleeding.

On Tuesday, Chief Inspector Shane Buggy gave evidence about being one of the first on scene of the critical incident, telling the court it took two to three minutes before he actually knew Mr Simon had been shot.

Where Mr Simon was shot dead. Picture: David Swift.

The senior officer said he had activated his lights and sirens to rush to the scene because he had noticed one of the officers seemed “anxious” and “stressed” about something and could have been on the cusp of an arrest.

So it was to his surprise that halfway there, the radio call came through “I’ve been stabbed”.

Mr Buggy told the court he arrived to find Mr Simon lying on his side and the female officer holding him down with a member of the public, and that it had looked like he had “submitted to the arrest”.

“[I was] satisfied it wasn’t over the top,” he said.

He said he was focused on his two injured officers, who were clearly traumatised by the incident, and said, at that time, Mr Simon was conscious, eyes open, breathing and receptive to communication.

The court also heard he noticed Mr Simon’s hands were injured but said it was “warranted” that he had been handcuffed.

It was only when Ch Insp Buggy noticed a wound to Mr Simon’s upper right breast and rolled him over, that he discovered he had been shot and his condition had started to deteriorate.

That’s when the court heard Mr Simon was given immediate attention before paramedics arrived but, after suffering cardiac arrest, died in the ambulance on the way to the hospital.

Police at the scene in Wickham. Picture: David Swift.

A toxicology report also revealed Mr Simon had ice in his system at time of his death.

Counsel assisting the coroner Tracey Stevens said the once-talented Macquarie Scorpions rugby league player had a long history of drug abuse but had strong connections with his family who described him as a “good bloke” and always showed “respect to his elders”.

The court heard Mr Simon had a big heart and loved his indigenous culture but struggled with addiction and his mental health.

He was also in and out of custody and had been previously jailed for armed robbery and had involvement in other offences including police pursuit and stealing.

She said the coroner was considering whether the conduct of the officers was “reasonable, appropriate and consistent” with police procedure and the inquest would also look at their response to Mr Simon’s conduct and whether it was necessary to discharge the firearm.

It will also look into the moments following Mr Simon being shot.

The inquest continues on Wednesday.