Mount Eliza crash: Doubts raised over police car siren before fatal crash

Questions have been raised over whether a police car’s siren was activated before it was involved in a fatal crash during a pursuit.

The coroner is probing the death of John Warner, 79, who was a passenger in a car struck by a police vehicle.

It’s unclear if a police vehicle involved in a pursuit had its siren activated before crashing into a car carrying an innocent passenger who later died.

John Warner, 79, died in hospital about a month after the collision, which occurred at Mount Eliza on April 14, 2018.

Coroner Phillip Byrne on Thursday indicated it was likely the case would proceed to an inquest due to several unresolved issues.

This included whether the unmarked police car’s siren was activated, the driving manner of

Senior Sergeant Stephen Burt who was at the wheel, and whether the pursuit was called off before or after the crash.

This was despite initial evidence suggesting the chase was abandoned at the time of or after the collision.

“Although an inquest is not mandated under the Coroners Act there are significant, sufficient contentious issues for me to indicate now that it will proceed to formal inquest,’’ Mr Byrne said.

Mr Warner — whose numerous injuries included fractured ribs — was the front seat passenger of a Mitsubishi Lancer sedan driven by wife, Carole, with two relatives in the back seat.

The car was driving east through a green light at the intersection of Nepean Highway and Old Mornington Rd when the unmarked police car drove through a red light and struck the front driver’s side.

The police car, which had its covert flashing red and blue lights on, had been the secondary pursuit vehicle chasing a silver Holden Commodore with stolen number plates clocked at more than 150km/h.

The Commodore fit the description of a car wanted over a series of aggravated burglaries, thefts, evading police and the ramming of a Highway Patrol vehicle.

The suspect car entered the intersection on the amber light before crossing to the wrong side of the highway.

The primary pursuit car, which was marked with lights and sirens activated, passed through the intersection immediately after the lights changed without incident.

But the Coroners Court was told Mr Warner’s wife and her passengers didn’t see or hear the second police car until the “massive impact” when it crashed into them without warning.

“She (Ms Warner) gives evidence that before the impact she didn’t see or hear anything,’’ counsel assisting told the court.

“The remaining occupants of the Mitsubishi Lancer all give consistent evidence that at no time prior to the collision did they see or hear the vehicle being driven by

Senior Sergeant Burt.”

“The first any of them were aware of the presence of Senior Sergeant Burt’s vehicle was at the time of the collision.

“Further during two radio transmissions made by Senior Sergeant Burt during the pursuit no siren can be heard upon the D24 recording.”

Test radio transmissions made by the coroner’s investigator using a police car with an identical configuration showed the siren was audible when activated.

Senior Sergeant “numerous times” told crash investigators he had both the lights and sirens on, having told a paramedic who tended to him the same thing.

The police observer in the lead car also gave evidence the lights and sirens had earlier been on.

Senior Sergeant Burt told investigators he slowed significantly through the intersection, saw a car start to enter but it slowed and appeared to be stopping.

So he made the assessment it had seen him before looking back to see it appear in front of him.

“I don’t know why it decided to drive in front of me after I’d seen it slowing as it came out of the intersection,’’ he said.

Car data showed the unmarked police vehicle travelling at about 64km/h just before impact.

The matter will return to court at a date to be fixed.

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