Inquest green light: Attorney-General goes against Supreme Court decision in Jari Wise case

An inquest will be held into the death of young Huon Valley man, Jari Wise, after an extraordinary intervention by Tasmania’s ultimate legal authority. LATEST >

Jari Wise and Melissa Oates.

An inquest will be held into the death of young Huon Valley man, Jari Wise, after an extraordinary intervention by Tasmania’s ultimate legal authority.

In an astonishing turn of events on Thursday, Attorney-General Elise Archer overruled a Supreme Court decision not to direct an inquest into Mr Wise’s 2020 death after he was struck and killed in a car driven by his on-off girlfriend, Melissa Oates.

Ms Archer said she decided to exercise her powers under Tasmanian laws to compel the Coroner to determine exactly what happened on the night of Mr Wise’s death.

The decision comes after years of campaigning by Mr Wise’s mother, Faith Tkalac, who has long argued a coronial investigation was needed to determine a key question – whether or not her 26-year-old son jumped out in front of the car of his on-off girlfriend, Melissa Oates.

Faith Tkalac speaks outside the Supreme Court of Tasmania. Picture: Amber Wilson

Oates, who served eight months in jail for dangerous driving, drink driving and failing to stop and assist in an accident, was never charged with manslaughter or causing Mr Wise’s death.

The decision not to hold Oates legally responsible for his death rocked the Huon Valley community, which has now spent years campaigning for “Justice for Jari”.

Ms Tkalac said she was “thrilled” by the news.

“I can’t believe it,” she said.

In a statement issued after Justice Michael Brett handed down his decision, Ms Archer said part of her role was “non-political to act in the public interest”.

“I am deeply concerned and acknowledge the impact of these proceedings on the family and friends of Mr Wise,” she said.

“I have not made this decision lightly, but it is my sincere belief that this will assist Mr Wise’s loved ones to find the answers that they seek.”

Ms Archer became a party to the proceedings after it was determined Coroner Simon Cooper would not play an active part back in 2021.

Attorney-General Elise Archer. Picture: Chris Kidd

In his judgment handed down just hours earlier, Justice Brett found although the question of whether Mr Wise jumped in front of Oates’ car had not been “resolved with certainty”, the police investigation was “extremely thorough”.

“I’m not satisfied an inquest is necessary or desirable in the interests of justice,” he told the court.

In his written judgment, the judge said he doubted an inquest would lead to any further findings, “other than those which are currently available”.

Justice Brett said it appeared the police investigation was initially focused on Oates being responsible for Mr Wise’s death, but as it unfolded, it “became clear the evidence did not support” that theory.

Melissa Oates outside the Hobart Magistrates Court.

The judge noted on the night of February 28, 2020, the pair consumed “a considerable amount of alcohol” before having an argument, with Mr Wise deciding to walk home by foot.

Shortly after he left, Oates – who had blood alcohol reading three times the legal limit and wasn’t wearing her glasses – drove away in her van and struck Mr Wise on Wilmot Road about 1.10am, before apparently driving away at high speed.

Mr Wise died instantly.

The judge said there were no eye witnesses to the accident, but Oates apparently returned to the party and told her friend: “You have got to help me. I think I have hit something or someone and I hope it is not Jari”.

A date for the inquest is yet to be set.

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