Slain officers' families launch legal action alleging police negligence led to deaths
The grieving families of slain police officers Rachel McCrow and Matthew Arnold have launched legal action against Queensland and New South Wales police, saying negligence led to the young pair’s deaths.
The grieving families of murdered police officers Rachel McCrow and Matthew Arnold have launched legal action against the NSW and Queensland police, alleging negligence in their deaths.
Judy McCrow, her daughter Samantha and Rachel’s stepfather Andrew Keetley have lodged a claim for damages for nervous shock arising from the alleged negligence from both the NSW Police Force and Queensland Police Service, according to documents.
Matthew’s mother Sue, his father Terry and his sister Hayley have also launched a claim for nervous shock, with both families represented by solicitor Kirk Watterson, of Brandon & Gullo Lawyers.
Constables McCrow and Arnold were murdered at the home of conspiracy theorists Gareth and Stacey Train on the Western Downs in December 2022, prompted by an interstate request to locate Gareth’s brother Nathaniel.
The trio, who hated police, gunned down the two young officers, as well as their neighbour, Alan Dare, who came to investigate.
The Trains were later killed by officers from the Special Emergency Response Team.
In documents filed in the Supreme Court on behalf of the McCrow family, solicitors say they believe the fatal shooting would not have happened had it not been for the alleged negligence of both of the police services.
Under the Personal Injuries Proceedings Act, the matter will go to a compulsory conference, unless waived by a court, before any proceedings begin, which could result in a costly lawsuit for both police services.
An inquest held into their deaths heard of communication black spots in regional areas, a breakdown in cross-jurisdiction law enforcement information sharing, and criticism from their families that police did not have access to technology such as drones to scan a property before entering.
On the day of the shootings, the inquest heard NSW police had requested Queensland officers attend the property to help find Nathaniel, however did not share all information with Queensland police.
NSW had received four emails written by Gareth who had made threats against police, including should they enter his property.
“I am sure when the bully men find Nathaniel he will greet them as they deserve,” one of the emails said.
“Anyone reading the news knows how ‘welfare checks’ in Australia are conducted by police.”
Another email, sent from Gareth to Nathaniel, said: “My guess is that they will attempt to see you dead by saturnalia Satan’s festive holy day of the year … they now come for you. Stay sharp.”
Acting Sergeant Justin Drier, who was the officer in charge of Chinchilla police station on the day of the shooting, told the inquest he gave instructions for constables McCrow, Arnold, Kirk and Brough to enter the Trains’ Wains Rd property by jumping over the gate, which he expected would be locked.
But he said had he read the threatening emails, he would not have sent the four officers to the property. The inquest heard it was possible a criminal investigation branch may have been tasked with investigating before sending a crew.
State Coroner Terry Ryan, in delivering his findings last month, said it was not possible to know the outcome in Queensland – or if a different risk assessment or crew would be sent to the property – had NSW police shared four alarming emails that Gareth wrote.
He did not make any adverse findings against the NSW Police Force, however recommended the issue of information and intelligence sharing between Australian law enforcement agencies be considered by the Police Commissioners’ Forum.
The Queensland Police Service declined to comment about the legal action.
“The Queensland Police Service is unable to comment on this matter due to pending proceedings,” a spokesman said.
The NSW Police Force said: “As there are court proceedings in place it would be inappropriate to comment at this time.”
More Coverage
Originally published as Slain officers' families launch legal action alleging police negligence led to deaths
