Family denied opportunity to make statement at inquest into police shooting of Luke Gilbert

The inquest into a man shot by police on a North Queensland nightclub strip ended bizarrely with the dead man’s parents family impact statement disallowed and an expert psychoanalysis of the man’s tattoos.

The inquest into a man shot by police on a North Queensland nightclub strip ended bizarrely with the dead man’s parents family not making a statement and an expert psychoanalysis of the man’s tattoos.

Luke Gilbert, 24, died after allegedly producing a knife and being shot three times in the chest at 12.20am by Senior Constable David Murray and Constable Liam Forster, who were patrolling the safe night precinct on Shute Harbour Rd at Airlie Beach on October 1, 2022.

He had indistinct facial tattoos and was fully clothed when he died so forensic psychiatrist Dr Andrew Aboud may have relied on autopsy images of Mr Gilbert to make assertions on what tattoos on his chest, shoulder and thigh signified.

An inquest was held before deputy state coroner Stephanie Gallagher in Cairns into the death of Luke Brian Gilbert, 24, who was shot three times in the chest by police at Airlie Beach on October 1, 2022. Picture: Supplied

Barrister Josh Trevino KC, acting for parents Darren and Nicola Gilbert, objected to Dr Aboud giving evidence about how he interpreted the tattoos, questioning its relevance.

Deputy State Coroner Stephanie Gallagher allowed Dr Aboud to give extensive evidence on the tattoos.

Dr Aboud, who diagnosed Mr Gilbert with about 12 mental illnesses, said one tattoo was a defiant anti-authority image, another “was about darkness and death”, one signalled “staunch oppositional defiance to authority” and he said a tattoo above his right eyebrow “suggested something is wrong, or might have been how that how he felt about himself”.

An inquest was held before deputy state coroner Stephanie Gallagher in Cairns into the death of Luke Brian Gilbert, 24, pictured with his mother Nicola Gilbert. Luke was shot three times in the chest by police at Airlie Beach on October 1, 2022. Picture: Supplied

A tattoo on his left shoulder represented a “patriotic identity,” Dr Aboud said.

He looked at Townsville Health and Hospital Services internal review of Mr Gilbert’s presentation on September 23 and said he agreed with their conclusion they had “attended to their responsibilities appropriately” but noted they had identified three “opportunities for learning”.

Queensland Police entering Cairns Court House for the inquest into the police shooting death of Luke Gilbert, 24, at Airlie Beach on October 1, 2022. Picture: Bronwyn Farr

The report stated Mr Gilbert, who barricaded himself in the mental health assessment room and covered the CCTV with a wet tissue, could have been in direct sight of staff and could have been on 15 minute checks, and that when he left the hospital before being assessed by a medical officer, the hospital could have tried to contact him or advised the Acute Care Team (ACT).

He said Mr Gilbert was distressed and agitated while at the hospital.

“To some extent, he was still waiting,” Dr Aboud said.

Darren and Nicola Gilbert, the parents of Luke Gilbert, who died on October 1, 2022 after being shot in the chest five times by two police officers at Airlie Beach. The couple travelled from Western Australia for the inquest into Mr Gilbert's death. Picture: Bronwyn Farr

In a stunning turn of events, two barristers objected to the family statement, saying the last two paragraphs were defamatory to police officers involved.

Barrister Troy Schmidt, acting for Operational Skills and Tactics Sergeant Lucas Finney and Detective Sergeant Adam Spinks of the Queensland Police internal investigations group, objected.

Barrister Pat McCafferty KC, counsel for Constable Liam Forster, Senior Constable Murray, Senior Constable Anthony Parkinson and Constable Daniel Simic, also objected.

“We should not have a statement that is factually incorrect and offensive,” he said.

“There has been a lot of social media activity by what one might describe colloquially as keyboard warriors and much of it is objectionable and highly defamatory,” Mr McCafferty said.

The court heard Luke Brian Gilbert, 24, was outside Mama Africa's nightclub at Airlie Beach when he had an encounter with police. An inquest was held in Cairns into his death as a result of being shot in the chest by police on October 1, 2022. Picture: Supplied

He said the two police officers involved in the shooting had been publicly named and one of them had his photo published this week.

The coroner asked Mr Trevino if Mr and Mrs Gilbert would “craft a statement consistent with the coroner’s guidelines” but he said “they have expressed their anger and their grief and their loss through that statement and if it is not read, they don’t wish to make any statement at all”.

Counsel assisting the inquest, Julie Pietzner-Hagan, suggested that the two paragraphs her colleagues considered objectionable be struck out, and the rest of the statement be read.

But Coroner Gallagher said “it is all or nothing, so I am sorry Mr Trevino, it is nothing”.

She concluded the inquest without any closing remarks.

Originally published as Family denied opportunity to make statement at inquest into police shooting of Luke Gilbert