Officer would shoot again, inquest hears

THE police officer who fired the shots that killed a man armed with knives at a Cooee unit complex in 2016 has told an inquest he would not do anything differently if he was put in the same situation again.

Trained negotiator Senior Constable Will Flynn said the resolution of the confrontation came down to who could act the fastest — the armed aggressor or the police trying to negotiate with him in the name of public safety.

Robert McInerney, 48, sustained gunshot wounds to his thigh and abdomen on May 24, 2016. He died in the North West Regional Hospital.

Sen-Constable Flynn was giving evidence on the third day of the inquest before coroner Olivia McTaggart in the Devonport Magistrates Court.

“My first shot was to protect Acting Sergeant Nick Lomman, who was imminently about to be stabbed,” he told the court.

“It came down to whether I could respond faster than Mr McInerney. Withdrawal was not an option. We had an armed man in the dark and threats made. We could not go anywhere.”

Sen-Constable Flynn said he had recorded success in other negotiations over his career, but it appeared Mr McInerney had decided he would not be talked down.

The officer, who was based at Burnie at the time, told the court he arrived at the scene knowing the man had threatened to hurt people if police did not attend. He was also aware Mr McInerney had expressed he wanted police to shoot him.

Sen-Constable Flynn said he thought Mr McInerney was out of weapons after he had thrown knives at police at the front of the unit complex in the first stages of the confrontation.

“But he smiled at me and said ‘Ya think’ and came up with a carving knife in one hand and a smaller knife in the other,” Sen-Constable Flynn said during a scene walkthrough played in the court.

Mr McInerney threw one of the knives at Sen-Constable Flynn and then ran into the back yard.

A resident of the unit complex came out and asked police if everything was OK.

“I said ‘ No it is not’ and advised them to go inside and lock the door,” Sen-Constable Flynn said.

He then spotted Mr McInerney near a tree, and continued trying to convince him to drop his knife and talk to police.

“Mr McInerney stood up and was slashing in a figure eight motion. It was at that point I drew my gun and directed it at him,” he told the court.

“He advanced towards us. I said, “Robert, I am armed. Do not move or I will shoot you.”

Sen-Constable Flynn said he took a few steps backwards and Mr McInerney advanced while waving the knife in a slashing motion.

Acting Sgt Lommans then sprayed Mr McInerney in the face with capsicum spray, but it did not stop him.

Sen-Constable Flynn told the court Mr McInerney had his hand with the knife out and was close to stabbing the other officer in the back.

“That’s when I fired my first shot,” Sen-Constable Flynn said. “He kept coming. I went bang again, bang again. I took my fourth shot and as I was pulling the trigger, he was dropping.”

Sen-Constable Flynn threw away the knife that was near the man’s hand, and talked to him until paramedics arrived.

That’s when I fired my first shot. He kept coming. I went bang again, bang again.

— WILL FLYNN