Officer had ‘no choice’ to fire gun, inquest told

November 6, 2024

The inquest into a fatal police shooting in Newcastle has heard the discharge of the firearm was “necessary, reasonable and consistent” with police procedure.

In April last year, NSW police shot a 38-year-old Indigenous man after he lunged at two officers with a kitchen knife.

Warren Matthew Simon, 38, was shot in the chest on April 7, 2023.

Two officers went to the address as part of an investigation into the theft of several items from a home the night before.

The inquest was told that after initially being “calm and compliant” during the arrest Mr Simon pulled a 12cm kitchen knife from his trousers and lunged at one officer, stabbing him.

The man then fled outside and lunged towards a female officer.

The male officer fired three shots hitting Mr Simon, who fell to the ground.

The officer told the inquest he fired his gun because he thought Mr Simon was going to stab his partner with the knife.

The use of a taser was said to be of no use because of close proximity, but Aboriginal Legal Service solicitor Emma Parker said that Mr Simon “wasn’t handcuffed or searched”.

“While it was in the officers’ discretion not to handcuff him, it will leave Warren’s family wondering what if he’d been handcuffed and searched,” she told the hearing.

Deputy State Coroner Kasey Pearce will hand down her findings at a later date.

 

 

 

 

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