John Kennard: Police duty ‘compromised’ after man dies while fleeing police in Melbourne’s CBD

A coroner has found police “completely compromised” their duty of care while trying to arrest a man who fell from a four-storey balcony in Melbourne’s CBD.

A coronial inquest into a man‘s death during an arrest in Melbourne’s CBD has found police “completely compromised” their duty of care.

John Kennard died after falling from a four-storey balcony at a crisis accommodation facility on April 5, 2019.

Two police officers had attended Launch Housing just minutes before 9am, informing the 39-year-old there was a warrant for his arrest after failing to appear before the drug court.

The officers told the inquest Mr Kennard seemed “calm and compliant” during the exchange, and had asked for a minute to get changed before he was taken into custody.

“His demeanor was good, by that I mean he wasn’t aggressive or anything … He didn’t appear to be drug or alcohol affected. He then asked if he could get changed,” a police constable said of the exchange.

The officers remained outside his room for three minutes, before a Launch Housing staff member informed them he was receiving first aid care on the street after falling from the balcony.

A fitted sheet had been tied to the railing and Mr Kennard had attempted to climb down 14.5m to the street.

He was rushed to the Royal Melbourne Hospital but was declared dead upon arrival.

The inquest found Mr Kennard was facing an 18-month term of imprisonment after failing to complete a drug treatment order on stealing and other convictions.

A support worker from Launch Housing told the inquest he had spoken to Mr Kennard “dozens and dozens” of times about the outstanding warrant.

“The fact he may have tried to escape the police doesn’t surprise me given his concern in going (sic) back to prison,” he said.

Coroner Simon McGregor rejected submissions from the chief commissioner of Victoria Police’s office that appropriate steps had been taken by responding officers to ensure Mr Kennard’s safety.

“Had Mr Kennard been continually monitored and assessed, it is less likely that he would have engaged in the conduct that he did,” he said.

“Whilst Mr Kennard took the decision to engage in the conduct that he did … he did so in circumstances where the police members had placed themselves in an ineffectual position.”

He said it was “difficult” to understand how the officers were able to satisfy themselves of his safety, as well as their own, when their conduct deprived them of any ability to conduct ongoing risk assessment.

Mr McGregor said the incident revealed prevention opportunities and room for improvement suggesting a preferred course of action would be for an officer to enter the room so Mr Kennard could have been continually monitored and assessed.