Cop could face homicide charges over fatal shooting

The boss of Victoria’s police union says an officer was “there to save a life” when he fatally shot a man who was savagely beating his mother.

Police union boss Wayne Gatt has slammed a coroner for referring an officer who shot dead a man during a violent assault to prosecutors to face potential homicide charges.

Gabriel Messo, 30, was shot three times by Constable Emmanuel Andrew after he brutally attacked his mother Lilla Messo with a stick in John Coutts Reserve in Gladstone Park in July 2020.

Gabriel Messo was shot dead by Constable Emmanuel Andrew. Picture: Supplied

State Coroner John Cain on Thursday referred the case to the Office of Public Prosecutions so they could consider laying homicide charges against Constable Andrew after the coroner was not satisfied the third gunshot was a proportionate use of force.

But Police Association Secretary Wayne Gatt said the decision sent a “terrible message” to officers who would now second-guess their actions during emergencies.

“They were there to save a life,” he said.

“They did their job, they did exactly what we would expect of them as a police force.”

Mr Gatt said without police intervention Ms Messo would “almost certainly” have died and the officer’s actions were being scrutinised with the benefit of hindsight.

“Police officers are asked to do this each and every day and they shouldn’t have to do it under the shadow of this sort of persecution,” he said.

Judge Cain, who oversaw an inquest into Mr Messo’s death, said he had “grave concerns” about the third gunshot which happened five seconds following the second discharge and after Mr Messo had already dropped the stick and was moving away from police.

In his findings, Judge Cain said an indictable offence such as homicide may have occurred and he had referred the case to the Director of Public Prosecutions (DPP) for their consideration.

Speaking outside the Coroner’s Court, lawyer Jeremy King, acting for the Messo family, said the findings showed Mr Messo was failed by the mental health system and his death was “potentially avoidable”.

“The coroner today has raised clear issues with policing both in the way they handle people with mental health issues and in regards to the incident itself, but the DPP will have to grapple with those issues,” he said.

Gabriel Messo’s family said he was failed by the mental health system. Picture: Supplied

On 16 July 2020, Mr Messo left his mum with horrific injuries and fighting for life after he stabbed her in the neck, face and scalp with a stick.

The inquest heard he was diagnosed with bipolar and was experiencing delusions when he messaged his mother asking her to meet him.

It took 17 minutes for police to arrive where they shot Mr Messo three times in the chest.

He died at the scene.

Ms Messo suffered four cardiac arrests and later had an eye surgically removed but survived – she now has an acquired brain injury.

At the time of the incident, neither Constable Andrew nor his partner then First Constable Rebecca Churcher had activated their body-worn cameras.

Judge Cain recommended Victoria Police look into acquiring technology that would automatically activate the cameras when a firearm was taken out of its holster.

The coroner also found Constable Andrew reached for his firearm when he first ran into the park despite not knowing the exact nature of the assault and he failed to consider using less-lethal options such as OC spray or an extendible baton.

“This incident escalated from verbal negotiation directly to lethal force and the repeated discharge of a police firearm,” Judge Cain said.

“It is difficult to understand why less than lethal tactical options were not attempted.”

Chief Commissioner Shane Patton said he had been briefed on the referral.

“I know this will be an incredibly difficult time for the member involved and Victoria Police will continue to support him during this process,” Mr Patton said.

“I am confident the DPP will assess the matter as quickly as possible given the length of time since the incident, and we will await the findings in due course.”