Police investigations mentioned in Townsville Court during Robert George Kenneth Malayta inquest

An officer said police used the ‘safest possible way’ to track the teen after he fled from a stolen vehicle despite the ‘negative outcome’ during the inquest into his death in Townsville court.

Robert Malayta, 18, drowned in the Ross River on Thursday morning after trying to out run police.

An officer on duty the night a teen fled from a stolen vehicle and drowned while running from authorities has said police could not have used a safer method of tracking the teen despite the “negative outcome”.

On Thursday morning the inquest into Robert George Kenneth Malayta’s death and whether police acted appropriately was held at Townsville Court where State Coroner Terry Ryan heard from the District Duty Officer that was on the night of the teen’s death.

It was said by Counsel Assisting Carolyn McKeon that Mr Malayta most likely died at the early hours of February 25, 2022 after he followed his brother into the Ross River as they fled from a stolen vehicle that had been flagged by police the day prior.

She said it was likely the 18-year-old was exhausted from running before entering the water and died by drowning.

Senior Sergeant Robert Dusha who was the District Duty Officer the night Mr Malayta fled from police told the court he didn’t engage in a vehicle pursuit at the time he spotted the stolen Toyota Corolla and Hyundai that were driving from Bundock to Hughes Street.

“At the time I suspected they were stolen based on the way they were driving, the manner of the driving and the speed they drove away when they sighted me,” he told the court.

Water Police, police divers and SES crews searched Ross River on Friday for teen Robert Malayta who jumped into the river and never emerged. His body was found on Friday morning.

“I was confident (a pursuit) would be an ineffective strategy causing them to drive faster and endanger community members.”

He also told the court there was no way of identifying who or how many people were in the vehicles and didn’t learn of the suspect’s identities until much later.

“I only found out later on there were actually three suspects that departed the vehicle, I thought there were only two,” Sergeant Dusha said.

Police from the Rapid Action Patrol Groups then stopped the car and attempted to apprehend the suspects.

Sergeant Dusha said a Dog Squad handler was called to help track the suspects however that officer had recently come in contact with someone that had Covid-19 and was unable to attend which caused delays in getting a dog to the location.

Ms McKeon asked the sergeant about the slides found on the river’s edge by the dog handler and asked if it had shown indication that someone had jumped in the river.

“People run through there at all different times day and night,” the sergeant said.

Robert Malayta, 18, drowned in the Ross River on Thursday morning after trying to out run police.

“The presence of shoes or any personal items is hard to determine what it means. I found it unlikely a person fleeing from a motor vehicle would be wearing slides and left them at the water’s edge.”

Additionally the CCTV that captured the two boys jumping a fence from Riverway and towards the Ross River was brought up where it was said by the sergeant that it was council-controlled footage so there were delays obtaining it.

The sergeant also said it was not appropriate or safe for police to enter the Ross River themselves as there had been no indication that anyone else entered the body of water.

“It’s tactically unsafe for an officer to remove all their (equipment) and enter the waterway, searches had to be done from where they were.”

Detective Sergeant Sean White a principal investigator said it wasn’t appropriate for officers to enter the water due to crocodiles, not being certain where the suspects were hiding in the water and overall said it was not safe to apprehend someone in water.

‘I didn’t know a person lost their life in that operation’

He also highlighted that a constable who had attended the river with the dog handler chose to get in the water to check if anyone had been hiding under the peer.

Sergeant Dusha said at 5:09am he went back to the station.

“I didn’t know a person lost their life in that operation,” he said.

“There were no alarm bells.”

When asked by an Aboriginal and Torres Strait Island Legal Services council representative if Sergeant Dusha realised that the dog handler said at eight separate times that suspects entered the water he asked whether it had been said via radio or recorded using the body-worn camera footage.

“Those are two different things,” he said, noting he was nowhere near the handler and that a body-worn camera is not a direct link to another person.

Water Police, police divers and SES crews searched Ross River on Friday for teen Robert Malayta who jumped into the river and never emerged. His body was found on Friday morning.

It was highlighted during Detective White’s evidence that there was a 40 minute gap between police getting to the water’s edge and the boys jumping the fence, which he said would provide a “non-existent” likelihood of saving someone from drowning.

It was noted the mother filed a missing person’s report some 12 hours after the search ceased.

At closing Ms McKeon said the coroner could find the police actions during that search as “adequate and appropriate” and called the facts “uncontroversial”.

“There’s nothing to suggest any procedures haven’t been followed,” she said.

“(Mr Malayta) died as a tragic consequence of following his brother into the river.”

‘That’s the choice that led to Mr Malayta’s death’

The Aboriginal and Torres Strait Island Legal Services representative suggested the role of District Duty Officer be reviewed as he was “stretched too thin” and suggested more support to staff on the ground.

This was agreed with by the QPS legal representative who said he didn’t disagree a review of the role is “worthy of consideration” however it would not have changed the outcome.

“The occupant of the vehicle chose to run towards the water,” the council said.

“And sadly that’s the choice that led to Mr Malayta’s death.”

The State Coroner acknowledged the Malayta family were not present in court for the inquest, and said he would publish his findings by the end of the month.

Originally published as Police investigations mentioned in Townsville Court during Robert George Kenneth Malayta inquest