By Claire Ottaviano and Hamish Hastie
WA Police have said there is not enough evidence to charge a Kalgoorlie homeowner over the death of a home invader who was armed with a machete.
The homeowner, his wife and their child were in their Boulder home on November 29 when 20-year-old Tyrone Smith entered their property about 10.15am.
Tyrone Smith’s parents Kathleen O’Loughlin and Tyrone Smith Sr in Perth after the incident.Credit: 6PR
Police said the owner confronted Smith and an altercation ensued, during which Smith received serious injuries.
He was flown to Royal Perth Hospital but later died while the homeowner, who also received serious injuries, was taken to Kalgoorlie Regional Hospital.
Speaking with ABC Radio on Wednesday, Police Commissioner Col Blanch said a decision had been made not to proceed with charges over the death.
“We have to assess whether there is a reasonable prospect for conviction for the charges and simply, that evidence is not there,” he said.
“There are defences to the way you act inside your house if you believe you are under threat… If they’re (the public) in fear of their life then they can use reasonable force.”
Smith’s mother Kathleen O’Loughlan, who flew to Perth to be with her son in the days before he died, said at the time that she expected a full investigation.
“At the end of the day, a person who dies because of a violent act of another is the victim. It doesn’t matter whether they are white or black,” she said.
“I did not sleep for three days straight, hoping my son would wake, but he didn’t wake.”
O’Loughlan revealed her son had been in and out of the justice system, including stints at Banksia Hill, and had been out of adult prison for 26 days before the break-in.
Blanch said he sympathised with the family.
“I don’t think this ever takes away from a family’s suffering, grief and loss of their son,” he said.
“This is really challenging, to not only go through the death and the grief but certainly to hear from the police that we’re not proceeding, but the evidence is not available for us to proceed to charge.”
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