Inquest into the Death of Aaron GENOVESE

Inquest into the Death of Aaron GENOVESE

Delivered on :30 May 2016

Delivered at : Perth

Finding of : State Coroner Fogliani

Recommendations :Yes

I recommend that Western Australia Police include, in their approved Emergency Driving Policy and Guidelines, a specific reference that addresses the increased risks in pursuing motorcycles.

and

I recommend that in all of its training courses dealing with emergency driving, the Western Australia Police place particular emphasis on the increased inherent risks of intercepting and pursuing motorcycles.

Orders/Rules : N/A

Suppression Order : Yes

That there be no reporting or publication of the details of the WA Police Emergency Driving Policy and Guidelines.

That there be no reporting or publication of the evidence given at the inquest concerning the capabilities of the police helicopter.

Summary : The deceased was 29 years old at the time of his death when the motorcycle he was riding collided with another vehicle at the intersection of Bailey Road and Thomas Road, Glen Forrest on 3 March 2012.  Before the collision the motorcycle was being pursued by police. .  The pursuit lasted less than one minute.

Police officers initially attempted an intercept in order to give the deceased a ticket for speeding.  The deceased evaded the police and they commenced their pursuit.  They activated their lights and sirens with both vehicles travelling in excess of the posted speed limit along Bailey Road.  At the intersection of Thomas Street both vehicles came to an almost stationary position next to each other and as the police made to get out of their vehicle the deceased suddenly accelerated into the intersection and into the pathway of a Toyota Prado.  The deceased suffered a fracture dislocation of the upper cervical spine, the severity of which was inconsistent with survival.

The State Coroner explored the issue of police officers pursuing motorcycles and/or giving permission to continue the pursuit.  The Court was advised that the Emergency Driving Policy and Guidelines for police pursuits did not make any specific reference to motorcycles, but a draft emergency driving policy did include reference to the elevated risks of pursuing motorcycles as a factor to be considered in the risk assessment process in emergency driving situations.  Recommendations were made by the State Coroner in respect to the Emergency Driving Policy and Guidelines addressing the risks of pursuing motorcycles and the issue of sufficient training courses dealing with emergency driving and the inherent risks of intercepting and pursuing motorcycles.

The State Coroner was satisfied that the actions of the police officers involved did not cause or contribute to the deceased’s death and outlined the reasons for that conclusion in the circumstances of this matter.  The State Coroner found death occurred by way of accident.

Catch Words : Drug use contributing to judgement : Police Pursuit : Risks Associated with pursuing motorcycles : Accident.

Last updated: 10-Oct-2016

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