New policy not enough to stop murderous motorists: police
Murderous motorists intent on mowing down pedestrians in public places might still not be able to be stopped, even after stronger policies were introduced in the wake of the Bourke St massacre, an inquest has heard.
Police & Courts
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Police officers didn’t ram James Gargasoulas’s car as he led them on a wild chase through Melbourne because they feared losing their jobs, an inquest into the Bourke St massacre has heard.
Officers have also told of not having enough training, or being unclear if they were allowed to box Gargasoulas in as he tore through several suburbs before arriving in the central city.
Assistant Commissioner Stephen Fontana was asked about how officers could respond if a situation like the once that occurred on January 20, 2017 was repeated.
Moments before the massacre, Gargasoulas did several doughnuts outside Flinders St station while he yelled out the car window.
He told the inquest today police dealt with “reckless” and “dangerous” drivers daily, but there was no indication they were intending on committing murderous act.
Even if the same scenario occurred again it was a “big step” their behaviour would escalate and individual police would have to make a “subjective” decision.
“You are saying the situation was ambiguous … and some members might interpret today [him] as hostile vehicle but others wouldn’t,” Dr Ian Freckelton QC, the barrister acting for the Commissioner of Police asked.
“That’s right,” Mr Fontana answered.
A stronger hostile vehicle policy adopted after the horrific event would still threaten innocent lives, and may not stop a motorist intent on killing and injuring people.
Even under the new policy, when Gargasoulas drove onto Swanson St his intent was “ambiguous” – it wasn’t until he turned into Bourke St and “unambiguous assault” was underway.
Mr Fontana has written a damning review of the way police response to the Bourke St attack, titled the ‘Critical Incident Review’.
He detailed several instances where he believed police failed, however he had no criticism of the officers present at the Flinders St intersection.
Coroner Jacqui Hawkins said there were three police units present and asked if they could have tried to box him in.
“Possibly, but given his previous conduct he probably would have driven off to footpath regardless,” Mr Fontana said.
“By the time he was there doing doughnuts I honestly believe members did not believe he was going to next step … and there was little we could have done.”
Any evasive action would have threatened the lives of the large crowd milling around the intersection.
“I have formed the view that once Gargasoulas arrived at the intersection of Flinders and Swanson Street there was very little [police] could do from here in terms of decisive action to stop him, without endangering the lives of many people,” Mr Fontana wrote in the report.
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“A deliberate full frontal collision with Gargasoulas’ vehicle as he preceded along Swanson St was the only real option left for police to stop him from this point onwards.”
The new policy states police must take decisive action that could include blockades or even shooting to kill drivers who deliberately or recklessly risking lives.