Inquest into the Death of Joshua Timothy WARNEKE
Delivered on: 4 June 2026
Delivered at: Perth
Finding of: State Coroner Fogliani
Recommendations:
Recommendation 1: Specific and refresher training – remote communities
I recommend that WA Police implement specific training and refresher training, for police officers who are, or who are to be deployed, to interview Aboriginal persons in remote communities, to cover areas including the Anunga Rules, English language competency issues, the use of interpreters, the suitability of interview friends and the effects of FASD.
Recommendation 2: Availability of interpreters – remote communities
I recommend that WA Police liaise with the Department of Finance to outline any requests or concerns it may have regarding the availability of culturally appropriate interpreters and that they take steps towards supporting any assessment and/or feasibility study of such, including the provision of de-identified statistical information regarding the availability of interpreters, if requested.
Recommendation 3: Guidance on preservation of forensic evidence – regional and remote areas
I recommend that WA Police conduct a review of the current internal guidelines and training modules for local police officers and detectives in regional and remote communities to emphasise the need for preservation of forensic evidence before the Forensic Field Operations and Homicide Squad teams (or their equivalents) have arrived at the scene.
Recommendation 4: Review of expert witness briefing practices
I recommend that WA Police evaluate its practices for briefing and communicating with expert witnesses and consider implementing a specific expert evidence management protocol (to the extent one does not exist) that requires police officers to prepare briefing letters and keep detailed records of the information and materials provided to expert witnesses and responses from expert witnesses.
Suppression Order: There are non-publication orders made under s 49(1) of the Coroners Act 1996, which are Suppression Orders, over evidentiary material that relates to the potential identification of, and/or exclusion of, persons who may have been responsible for Josh’s death. That evidentiary material is not outlined in this finding.
Summary:
In the early hours of 26 February 2010, the body of 21 year old Joshua WARNEKE (Josh) was found on the side of Old Broome Road, partially on the road, with a severe head injury. Emergency services arrived and confirmed that he had died. There was no obvious line of inquiry. Initial thoughts were that he may have been the victim of a hit and run incident, or that he may have been assaulted.
A criminal investigation into Josh’s death was commenced, and it was beset by numerous problems, some of which are outlined in the finding.
The State Coroner heard evidence from numerous expert witnesses at the inquest, directed towards whether Josh’s head injury was a crushing injury from a motor vehicle, or whether it was as a result of blunt force trauma, from a weapon being used.
The State Coroner found that Josh’s cause of death was Head Injury, that his manner of death was by way of Unlawful Homicide and that it was more likely that the fatal head injury was as a result of blunt force trauma with a weapon, for the reasons outlined in the finding.
The State Coroner made recommendations directed towards improvements in the investigation of serious offences.
Catch Words : Head Injury : Unlawful Homicide : Expert Evidence : Forensic Investigations : Anunga Rules
Last updated: 15 June 2026