‘Bizarre’ texts to stop Bourke St rampage driver: inquest

An investigation into the Bourke Street massacre has detailed shocking failures, including a ‘bizarre’ police strategy to try stop the driver.

The police plan to get the Bourke Street rampage driver to surrender in a series of “bizarre texts” has been slammed by a coroner.

The 300-page finding into the shocking attack in Melbourne’s CBD was handed down on Thursday by Coroner Jacqui Hawkins.

She singled out the futile attempt to negotiate with James Gargasoulas before he headed to the CBD where he would kill six people and injure 27 others when he mowed down pedestrians on January 20, 2017.

“The negotiated surrender plan really amounted to nothing more than two phone calls and a series of bizarre texts,” Ms Hawkins said when handing down her finding on Thursday.

Moments before the carnage on Bourke Street, the driver was filmed doing burnouts at the busy Flinders Street intersection. Picture, Tony Gough

“There was no actual negotiation, there were no plans made, nor agreement reached, the strategy never had a chance of succeeding.”

Victims killed in the rampage were three-month old Zachary Bryant; 10-year-old Thalia Hakin, Jess Muddie, 22, Yosuke Kanno, 25, Matthew Si, 33 and Bhavita Patel, 33.

Policeman Murray Gentner was messaging the “delusional” driver for more than an hour before the attack as part of the plan to get him to surrender.

“I will help u fix everything,” the officer texted to Gargasoulas before the massacre.

In response the officer received a rambling message about hidden bunkers and a comet.

Architect Matthew Poh Chuan Si, 33, one of the victims of the Bourke Street massacre.

Poor police planning, a lack of assertive leadership, lack of adequate resources, inadequate communications between units and a staunch belief in negotiating with the driver led to a “confluence of events” on the day of the attack, Ms Hawkins found.

“Each of these factors contributed to the perfect storm,” she said.

She also found some officers were afraid of being disciplined and some were “paralysed” from taking more assertive action on the day.

parents Nawwar Hassan-Bryant and Matthew Bryant leave the Coroners Court on Thursday. Their three-month-old son Zachary was killed in the attack. Picture: NCA NewsWire / Andrew Henshaw

“It is agonising that despite the escalating events of the previous days and the scores of police members actively engaged in attempting to stop him, such a violent, drug-fuelled, psychotic and delusional perpetrator was able to slip through the cracks,” Ms Hawkins said.

However once Gargasoulas reached Swanston St in the city and headed towards Bourke Street due to the heavily populated area “there was nothing further operational police could have done,” the coroner found.

Zachary Bryant was the youngest victim, the three-month-old was thrown from his pram.

Despite these failings the tragedy may not have been prevented.

“I am unable to conclude that had any of these responses been different that the catastrophic outcome could have been avoided,” she said.

Melinda Tan, wife of slain architect Matthew Si, lashed police for their handling of the tragedy after the findings.

“It is clear to me that no one will accept any responsibility on their part for the events on that day or the lead up to it,” she said in a statement through her lawyer.

A court artist sketch of James Gargasoulas during his murder trial in 2018. Paul Tyquin

The widow previously criticised police for texting Gargasoulas to get him to surrender.

“You cannot negotiate with a psychopath via text messages,” she told the inquest earlier this year.

The coroners recommendations included further training about hostile vehicle attacks, a review into policies regarding high-risk offenders, critical incident procedures and whether body-cams should be used during bail hearings.

Victoria’s top cop Chief Commissioner Shane Patton said negotiation plan would now come under a “broader scope” and wouldn’t be part of the investigation.

Victoria Police Chief Commissioner Shane Patton said new strategies were in place around negotiations. Photo: Daniel Pockett

“It wouldn’t have investigators left holding the ball for the entire thing,” he said on Thursday.

The commissioner said someone would sitting “over the top” to help co-ordinate negotiations, tactical plans and other aspects.

“It is impossible to speculate whether any of these changes would have stopped the devastating outcome on 20 January 2017, the community should know we are committed to doing everything we can to prevent an incident like this from occurring again,” Mr Patton said.

Gargasoulas is serving a life sentence and will only be eligible after he serves 46 years behind bars.