Call For Independent Probe On Police Killing
The Age
Friday April 14, 2000
Civil libertarians have called for an independent investigation into Wednesday night's fatal police shooting in Melbourne's north-west after it was revealed that police failed to call in a psychiatric team during the 30-minute stand-off.
Neighbors yesterday said that Mark Cornish, 27, who was shot several times in the torso by three police officers, was a suicidal epileptic with a history of depression. He had developed mental problems after contracting the brain disease encephalitis from a mosquito bite five years ago.
Liberty Victoria president Felicity Hampel, QC, said an independent probe into the shooting was important.
``An investigation of police conduct requires somebody other than police to control the inquiry with extensive powers to question the police involved," she said.
But police Assistant Commissioner Ray Shuey said a joint investigation by the police homicide squad and ethical standards department, followed by a coronial inquest, would ensure thoroughness and full disclosure.
He also defended the officers' decision not to use capsicum spray on Mr Cornish.
He said the officers, two senior constables and a constable, fired at Mr Cornish, because they feared for their lives.
``Capsicum spray was an option and considered, but at the critical time, the resolution was a firearm response," Mr Shuey said.
He said police were unaware of Mr Cornish's psychiatric history. He questioned the value of a psychiatric team at the scene.
Police said Mr Cornish repeatedly refused to surrender his knife, after earlier stabbing a person and also himself.
Police were called to Buckingham Street, Sydenham, just before 7pm on Wednesday. Police said Mr Cornish was ``out of control", wielding a knife and yelling death threats. He had also attacked a car and tried to break into a house.
``We had a person who was highly emotionally distressed, hell bent on causing trouble to himself and anyone," Mr Shuey said. ``From our perspective, he was a threat to himself and to the police and the resolution resulted in fatal consequences."
No warning shots were fired, and, in line with police training, the officers aimed for the man's torso. Mr Shuey said the officers followed the principles of ``cordon, containment, and negotiation", which police are instructed to apply during violent confrontations.
The principles were developed after a spate of police shootings in the early 1990s.
The last two fatal police shootings were within a week of each other in April 1998.
Mr Shuey said despite the Wednesday shooting, the principles would not be reviewed.
``At least three times a week, our members are confronted with serious life-threatening situations, when we fear for our lives."
© 2000 The Age