Mercury (Hobart)

Lethal force: Our third use in 10 years

- DAVID KILLICK

THE shooting of a man at Brighton overnight is the third fatal police shooting in Tasmania in a decade.

Robert Edward McInerney, 48, was shot dead at Cooee on May 24, 2016.

According to police, he was armed with knives and ignored repeated calls to drop the weapons.

A coroner found McInerney had wanted to end his own life and described his death as a case of “police provoked shooting”.

Nicholas Martin Whiteley, 21, was shot dead at Westbury on November 28, 2010.

A coroner found he was shot after a violent struggle with a police officer who had used capsicum spray shortly before firing a single fatal shot.

The use of firearms by police is governed by the Tasmania Police Manual which states: “Police officers will not use firearms against another person except:

1. In self-defence or defence of others against the imminent threat of death or serious injury;

2. To prevent the perpetrati­on of a particular­ly serious crime involving grave threat to life;

3. To arrest a person presenting such a danger and resisting their authority or to prevent his or her escape.

4. When less extreme means are insufficie­nt to achieve these objectives.

The inquest into Mr McInerney’s death last year heard that Tasmania Police does not encourage nor endorse the practice of “shooting to wound” and police are told not to fire warning shots.

“Primarily because in the extreme cases where a firearm is used to protect life, it is necessary to incapacita­te the subject immediatel­y,” the coroner found.

Police training involves shooting at the centre body mass of the subject.

Before firing their weapons police are required to identify themselves as police. And they are required give a clear warning of their intent to use firearms for example: “Armed police, don’t move” or “Police, don’t move”.

They are also instructed to ensure there is “sufficient time for the warning to be observed before using firearms unless it would unduly place the police at risk, create a risk of death or serious harm to others, be clearly inappropri­ate or pointless in the circumstan­ces of the incident”.

In a recent study the Australian Institute of Criminolog­y examined shootings during attempted arrests, in custody and during escapes.

It found that a history of mental illness and the use of alcohol or drugs was a common theme in the 39 police shootings recorded nationwide between 2016 and 2019.

“Shooting deaths in police custody were most likely to occur on private property, after the commission of a violent act and while the decedent was in possession of a weapon,” the report said.

“Consequent­ly, coroners have found the majority of police shootings to be justifiabl­e, carried out by officers who were protecting themselves or others in the course of their duty.”

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