Jeffrey Brooks’ gunshot death to be referred to DPP in win for grieving family

A coroner has found there is sufficient evidence to hold reasonable suspicion that scientist Jeffrey Brooks was unlawfully killed, referring his death to the Director of Public Prosecutions.

Jeffrey Brooks died of a gunshot wound in March 1996 at the Beenleigh Crayfish Farm.

The death of scientist Jeffrey Brooks will be referred to the Director of Public Prosecutions for further investigation.

Coroner Donald MacKenzie has found there is sufficient evidence to hold a reasonable suspicion that the 24-year-old was unlawfully killed.

Jeffrey died of a gunshot wound in March 1996 at the Beenleigh Crayfish Farm where he worked.

Jeffrey Brooks

Pictures: Supplied

Police who investigated his death found it had been an accident - that Jeffrey was killed while trying to pull the loaded weapon barrel-first from the vehicle while making rounds on the crayfish farm.

But Jeffrey’s parents Wendy and Lawrie Brooks have spent almost three decades disputing that theory – saying they believed he was murdered.

The Courier-Mail’s Dead Wrong podcast which investigated Jeffrey’s death sparked the fresh inquest before Coroner MacKenzie.

The Courier-Mail’s Dead Wrong podcast and coverage sparked the fresh inquest.

Pictures: The Courier-Mail

The coroner said during the 99-minute window that Jeffrey died, the only other people on the farm were fellow employees Johannes Geiger, his then wife Regine Kjellerup, and farm hand Graham Lloyd.

“Having considered the vast array of material gathered over the last 26 years there is sufficient information to find a reasonable suspicion that Mr Johaness Wolfgang Hans Geiger and Ms Regine kjellerup were involved in the unlawful killing of Mr Jeffrey brooks,” Coroner MacKenzie said.

“There is evidence of statements by the deceased concerned for his life, motive, aggressive behaviour 24 hours before the shooting, opportunity and post offence behaviour that potentially incriminates them both.

“In accordance with .. the Coroners Act I have referred the brief of evidence to the Director of Public Prosecutions on this basis.”

Jeffrey’s parents Wendy and Lawrence Brooks. Picture: Liam Kidston

“I do not hold a reasonable suspicion that Mr Lloyd was involved. In particular his behaviour immediately after discovering the deceased’s body is consistent with innocence and he presented as an honest witness.”

The coroner stressed that the referral was not a finding of fact.

“I wish to make it perfectly clear that I am not making a finding that Mr Geirger or Ms Kjelerup are or might be guilty of a criminal offence,” he said.

“I am simply acting in accordance with the mandated direction… of the Coroners Act.”

Members of the Brooks family and their supporters wept as the coroner revealed the case had been referred to the DPP.

The Beenleigh Crayfish Farm, where Jeffrey Brooks worked and died.

Coroner MacKenzie said he did not accept the family’s criticism of the original police investigation.

“In relation to the Brooks family’s assertion that the Queensland Police Service preliminary investigation into this death was flawed, I reject that submission,” he said.

“The investigation was not perfect but it was adequate.

“I do not accept the investigating police, particularly the lead detective now retired Mr Michael Condon closed his mind to this death being a homicide.

“Subsequent independent reviews confirmed the investigation was thorough and satisfactory.”

Following a 1998 inquest that left an open finding, the shotgun which discharged and killed Jeffrey was destroyed by police.

The shotgun was destroyed by police after testing. Picture: AAP/Tim Marsden

The Brooks family have been critical of the decision but Coroner MacKenzie found it to be an uncontroversial move.

“It was dangerous, had been tested and there was no further investigation known to police at the time, he said.

The Coroner said a QPS ballistics expert had used the firearm to reconstruct the fatal discharge, primarily to establish the distance between the barrel and Jeffrey’s body.

“A number of further reconstructive tests have been undertaken since in an attempt to discredit (the expert’s) measurements and opinions,” he said.

“These subsequent tests did not use the original shotgun, and variously did not use the same ammunition nor suitable replica human skin targets.

“Reviews by highly accredited ballistics experts at this inquest did not criticise (the police expert’s) determinations.”

The coroner said he had also placed little weight on a private investigator report that had been commissioned by the directors of the company Sailrite that employed Jeffrey.

“The report was unbalanced and client focused and almost completely ignored the possibility of a firearm mishandling accident,” he said.

“The directors of Sailrite had everything to gain from the matter being a homicide.

“They were clearly exposed to a work health and safety prosecution, a common lawsuit by the deceased’s wife and others, or increased workcover payments if it was found an employee, the deceased, died from the misfire of a known to be clearly dangerous firearm provided by his employer.”

He also said the report’s attack on Detective Condon was “aspersive and unwarranted”.

“I was grateful to a colleague of the author … who gave evidence at the inquest in the author’s absence and withdrew that allegation,” he said.

Coroner MacKenzie said his findings took into account all the evidence gathered during the police investigation and two subsequent inquests.

“I imagine that Mr and Mrs Brooks are disappointed that this inquest did not uncover any further critical evidence to support their theory behind the loss of their beloved son,” he said.

“The effluxion of time, some 26 years, has dulled memories and in some cases relevant witnesses are no longer available to testify. However I can assure them that every avenue of inquiry was pursued

“I pass on the condolences of this court for their loss of a fine young man taken too soon.”

Originally published as Jeffrey Brooks’ gunshot death to be referred to DPP in win for grieving family