Anger at police builds over Bourke St massacre — could the bloodshed have been prevented?

UPDATED: A leaked police email reveals that senior police officers told staff not to rush to intercept stolen or suspect cars just months before the Bourke St massacre.

Victoria Police Chief Commissioner Graham Ashton is facing some tough questions. Picture: AAP

VICTORIA police had been directed not to shoot at or rush to intercept stolen or suspect cars months before last Friday’s Bourke St Mall car attack.

The Herald Sun reported on Wednesday that Deputy Commissioner Andrew Crisp wrote in an email to all officers in September: “Plan your approach and response when intercepting a stolen or suspect vehicle — time is on your side.”

Jimmy Gargasoulas, 26, has been charged with murder after five people were killed and many others badly injured when he allegedly deliberately ran down pedestrians in the Melbourne mall after police had tailed him for hours beforehand.

Victorian Police have been under fire for failing to stop Gargasoulas as they followed him earlier that day.

In the hours before the mall attack, Gargasoulas had allegedly stabbed his brother, kidnapped his girlfriend and been followed by police. He also stunned bystanders by doing doughnuts outside Flinders St Station just before driving down the mall. Two teenage boys with baseball bats tried to stop him.

The directive from Mr Crisp directive was issued after a series of incidents where criminals had rammed police vehicles.

He wrote that each circumstance needed to be considered on its merits. “Dynamic risk assessments must be conducted with a view to identifying the greater or lesser harm that could be posed,” his email said.

Police union secretary, Detective Senior Sergeant Ron Iddles, has said there were several occasions where police believed they could have safely intercepted and arrested him, but were told not to by their superiors.

Deputy Victoria Police commissioner Andrew Crisp said the email had been taken out of context and denied claims officers felt “hamstrung” by the policy, reported 3AW.

Officers had been trying to arrest Gargasoulas, 26, for as long as 16 hours before he is alleged to have mowed down pedestrians in the CBD, killing five people — including two children — and injuring dozens more.

Victoria Police Commissioner Graham Ashton has confirmed police did try and “box in” the Holden Commodore on more than one occasion.

“On this last occasion we were trying to get him from the early morning ... We did get close to him a couple of times,” Mr Ashton told Neil Mitchell on3AW.

“Indeed we were trying to pursue him on one occasion trying to pick him up.”

He said there were also times pursuing police tried to “box in” the car, including in the CBD on Swanston St.

Jimmy Gargasoulas outside Flinders Street Station. Picture: Tony Gough

Another time was on the Bolte Bridge when Gargasoulas’ girlfriend Akiir Muo managed to get out of the car. Witnesses say the car was “surrounded” by police at the time, something not denied by Mr Ashton — but he still managed to get free and head towards the CBD.

Social media has been flooded with angry members of the public who want to know why he was not stopped. Footage of Gargasoulas doing burnouts outside Flinders Street Station have also infuriated Australians, who believe there was enough time to do something to stop him before he entered Bourke St Mall.

These are the key questions police are facing as the Coroner begins her “forensic” examination about what could have been done differently.

WHY DIDN’T THEY RAM THE CAR?

Mr Ashton told 3AW it wasn’t police policy to ram vehicles as a means of stopping them, largely due to the danger it puts police staff in.

“To ram cars isn’t police policy, it isn’t the normal thing to do,” he said.

Blocking a car in was another strategy that was used and police did attempt this. Mr Ashton said the option of ramming a car was something that would only occur in “exceptional” circumstances.

“But that would have been going through those officers’ minds that morning.”

He wasn’t aware of a request by staff, unrelated to the Bourke St incident, for special cars that were able to ram vehicles.

Police watch over Jimmy Gargasoulas after his arrest. Picture: David Caird

WERE THE POLICE CALLED OFF?

Within hours of the tragedy sources within the police said there had been seven occasions where they could have safely tried to intercept Gargasoulas.

But the allegation is that on each occasion staff were told not to attempt it by their superiors.

Police Association secretary Detective Senior Sergeant Ron Iddles told Fairfax one of those times was late morning on Chapel St while the Commodore was in heavy traffic.

“It couldn’t move. That’s the appropriate time to take a car out,” he said.

During his 3AW interview, and also during a media conference at the weekend with Premier Daniel Andrews, Mr Ashton said he didn’t believe there had been seven opportunities.

“That’s not what I’m seeing on the [police] logs.”

However, he did not deny there had been opportunities.

“As I’ve said before, there’s opportunities where you look for opportunities and look for the safest course of action ...”

Dimitrious Gargasoulas is taken away from hospital by homicide squad detectives.

WHY DIDN’T POLICE ACT OUTSIDE FLINDERS STREET STATION?

Mr Ashton said there were police there, including uniformed staff who were carrying out anti-social campaigns.

When the burnouts began their immediate focus was to stop other cars entering the intersection, Mr Ashton said.

But other police units, both in the air and on the ground, that had been tracking Gargasoulas were closing in.

“At that stage we had the air wing over this person and cars trying to close in on him at the time.”

People run into a store to escape the Commodore.

Jess Mudie, 22, who died in Burke St. Picture: Instagram

THE CORONER WILL DECIDE

Mr Ashton said he was confident the police hadn’t failed and was backing his staff “100 per cent”.

Ultimately, it will be up to the coroner to decide if the operation contained serious flaws because it would be examined in “forensic” detail.

“Everything I’m seeing is pointing to police members making split decisions on the run, life and death decisions, about trying to apprehend an offender ... They’re feeling it [now] thinking ‘Gee did I make the right decision’,’’ Mr Ashton said.

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