Public will never hear claims of negligence against NSW Police during Lindt Cafe siege
Evidence would have re-examined aspects of the deadly Lindt Cafe siege — focusing on exposing police flaws — but they will remain secret after a lawsuit by a former siege sniper was settled.
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Exclusive: Potentially explosive allegations of negligence by NSW Police commanders during the deadly Lindt Cafe siege will remain secret after police settled a civil lawsuit against them by the former chief sniper in the siege.
Just four months after the sniper known only by the codename Sierra Three-1, filed a District Court civil action, NSW Police have settled the case “confidentially”.
The public will now never get to hear the allegations of negligence against the police superiors detailed in the sniper’s 30-page affidavit.
The case was set for public hearing next year and it was expected senior police would be called to give evidence backing up the chief sniper’s claim that he and others were stopped from doing their job properly, and consequently, stopped them from possibly saving the lives of cafe manager Tori Johnson, 34, and barrister Katrina Dawson, 38.
Lindt siege victim’s family accuse police of ‘cover-up’
Evidence would have also re-examined aspects of the siege — focusing on exposing flaws in police procedures and in the decision-making of senior commanders.
The sniper had been so traumatised by the siege he made a complaint to the Law Enforcement Conduct Commissioner claiming senior officers perjured themselves at the inquest. But the complaint was dismissed.
It is not known if those allegations of perjury would have also been aired in the civil case.
A spokeswoman for NSW Police confirmed to News Corp Australia the case had been settled on “confidential grounds”.
District Court of NSW records show a “notice of discontinuance by consent” had been filed formally closing the case and ending proceedings.
Lawyer for Sierra Three-1, Chantille Khoury of Law Partners, said she could not comment on the case.
GALLERY: How the Lindt siege unfolded
When the sniper launched the case, Tori Johnson’s mother Rosie Connellan and Mr Johnson’s boyfriend Thomas Zinn said: “We are still paralysed by the fact that despite the failures and bungles revealed in the inquest there have been no consequences for anybody.”
The Dawson family has been contacted for comment.
The siege took place in December 2014 when lone terrorist and gunman Man Monis took 17 cafe staff and customers hostage.
The siege lasted for an agonising 16 hours before Monis shot dead Mr Johnson leading police to storm the cafe and kill Monis.
Ms Dawson was killed by ricocheting police bullets.
It is understood, according to reports about the case, the sniper believed he could have saved 34-year-old Mr Johnson’s life by taking a shot through the Lindt cafe window at Monis.
Sierra Three-1 claimed the NSW Police were negligent for not allowing the highly-trained sniper team to do their jobs in the way they were trained.
It is understood the sniper in his affidavit claimed he had suffered psychological trauma because of the decisions taken by his superiors.
He also suffered flashbacks and nightmares including seeing Mr Johnson killed by a shotgun blast to the head.
He has been medically discharged from the police.
The chief sniper had already been critical of the actions of his superiors during a Coronial inquest into the siege.
He had claimed senior police did not follow the proper plans put in place for such an incident and also gave a graphic account of the events leading up to the execution of Mr Johnson and the lack of response from the command post.
During the inquest, the sniper gave evidence saying “I saw Tori take up a kneeling position in proximity of window two.”
The inquest heard of repeated communication problems on the night and how Sierra Three -1 radioed just after 2am that Mr Johnson was on his knees but did not receive any response.
“I remember hearing a shot fired and seeing a muzzle flash and seeing Tori flinch,” Sierra Three -1 said.
“And by flinch I mean drop down momentarily from his position. But he resumed the position after that.”
Mr Johnson was shot dead some minutes later.
The coronial inquest was told of a litany of mistakes made by police during the siege.
In his findings, the former State Coroner Michael Barnes said emergency action “should have been initiated” by tactical police when Monis fired shots at fleeing hostages.
“The 10 minutes that lapsed without decisive action by police was too long,” Mr Barnes said.
NSW Police Commissioner Mick Fuller said after the coronial findings were handed down “in hindsight, NSW Police should have gone in earlier”.
Originally published as Public will never hear claims of negligence against NSW Police during Lindt Cafe siege
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