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Benjamin Ware Coroners Act, 1996 [Section 26(1)] Western Australia RECORD OF INVESTIGATION OF DEATH Ref No:22/14 I, Evelyn Felicia Vicker, Deputy State Coroner, having investigated the death of Benjamin Alfred WARE with an inquest, held at the Perth Coroners Court, Court 51, CLC Building, 501 Hay Street, Perth on 4-5 June 2014 find the identity of the deceased child was Benjamin Alfred WARE and that death occurred on 14 April 2011 at Royal Perth Hospital as the result of Head Injury in the following circumstances: Counsel Appearing: Ms C. Fitzgerald assisted the Deputy State Coroner Mr P. Gazia (instructed by ALSWA) with Ms A. Barter appeared for the mother of the deceased child Mr M. Holgate (instructed by WAPol) appeared on behalf of the Commissioner for Police and police officers Green and Rimmer Table of Contents SUPPRESSION ORDER .......................................................................................................................... 1 INTRODUCTION ................................................................................................................................... 2 THE DECEASED .................................................................................................................................... 3 THE CRASHED VEHICLE ........................................................................................................................ 5 THE EVENTS ........................................................................................................................................ 6 POST MORTEM REPORT .................................................................................................................... 17 CRASH INVESTIGATION ..................................................................................................................... 21 CONCLUSION AS TO THE DEATH OF BENJAMIN ................................................................................. 26 THE ACTIONS OF POLICE WITH RESPECT TO THE PURSUIT IN WHICH BENJAMIN DIED ...................... 30 SUPPRESSION ORDER Any discussion about current or proposed police procedures and policies be suppressed from publication. Inquest into the death of Benjamin Alfred WARE (F/No: 408/2011) Page 1 INTRODUCTION At approximately 5am on 14 April 2011 the deceased child (Benjamin) was the driver of a Ford Falcon sedan registration number XAU050 (the Falcon) driving at speed along Alexander Drive in the vicinity of the proposed Reid Highway over-pass when he lost control of the Falcon on a portion of unsealed road surface. The Falcon left the road and crashed into the rear garden wall of a home on the corner of Widgee Road, Noranda. At the time the Falcon was being pursued by police, although the pursuit vehicle was some distance from the crash site having stopped at a red traffic control light (TCL) at the Reid Highway intersection, when Benjamin contravened the same red TCL. Police assisted Benjamin and his passenger at the scene until the arrival of other emergency services necessary to appropriately rescue Benjamin from the Falcon. He was taken to Royal Perth Hospital (RPH) where he died shortly thereafter. Benjamin was 15 years of age. Under the provisions of the Coroners Act 1996 there is no doubt the death of Benjamin was a reportable death. Inquest into the death of Benjamin Alfred WARE (F/No: 408/2011) Page 2 In addition, by the provisions of section 22 (1)(b) where it appears the death was caused or contributed to, by any action of a member of the police force, there must be an inquest into the circumstances of the death to enable an independent review of the actions of the police officers involved. THE DECEASED Benjamin was born on 14 September 1995 at King Edward Memorial Hospital in Perth. He was the middle child of five born to Bradley Bennell and Benita Ware1 and there is little information about his early life other than the fact he spent periods of time in Port Hedland. Bradley Bennell died in December 2009 in a motor vehicle accident in Rockingham and family members indicate this caused Benjamin a great deal of distress. His mother felt that from that time he rebelled against her and she had difficulty with him.2 Benjamin’s juvenile criminal record commenced in June 2009 with a number of offences committed on the same date relating to stealing and driving a motor vehicle. He had no other convictions at the time of his death, although there were some matters pending. 1 Ex 1, Tab 24 2 Ex 2, Tab 24 Inquest into the death of Benjamin Alfred WARE (F/No: 408/2011) Page 3 While Benjamin was living with his mother in Port Hedland she reports that he went to school, however, she took him to Perth from time to time for holidays. More recently he had stayed in Perth with his Aunty Sharon in Ellenbrook. Benjamin’s mother believed he was to return to Port Hedland, however, his Aunty Sharon advised police Benjamin did not wish to return to Port Hedland but wished to stay in Ellenbrook. His Aunty Sharon was receiving Centrelink payments for him. Benjamin had an older sister in Brookton to whom he was very close, and he had a large extended family in and around Perth with aunties and cousins. In December 2010 Benjamin’s parental grandmother took family members to her son’s crash site and tried to encourage Benjamin and his brother to return to Port Hedland.3 Benjamin’s Aunty Sharon advised Benjamin did not like school and did not attend school while he was staying with her. He was due to start at a facility in Midland designed to help students bridge, and work towards, main stream schooling. He did not work while staying with his Aunty Sharon although his mother stated that when he had been in Port Hedland he worked at the local Chicken Treat. 3 Ex 1, Tab 24 Inquest into the death of Benjamin Alfred WARE (F/No: 408/2011) Page 4 Both Benjamin’s mother and aunty were unaware of his use of methylamphetamines, although both thought he may have used cannabis. Benjamin had visited one of his sisters in Midvale on the day preceding his death and his parental grandmother had given him money for food because she understood he was staying in different places. On the night of Benjamin’s death his Aunty Sharon thought he was at home, in bed, asleep. She did not know he and Dylan Eades (Eades) had left the household after everyone else had gone to bed. His aunty described him as a good quiet kid who spent time at home and only got into trouble when misled by others. THE CRASHED VEHICLE The Falcon Benjamin was driving at the time of his death was a 2001 model sedan, registration number XAU050, and was considered a high performance vehicle by the police. It was in good condition and there were no pre-existing defects which would have contributed to the crash.4 It had been stolen on 13 April 2011 between approximately 10am and 12:30pm from an address at Bullarra Road, Greenmount. It had been parked in a single, locked, garage 4 Ex 1, Tab 27 Inquest into the death of Benjamin Alfred WARE (F/No: 408/2011) Page 5 beside a residence. It was locked with the windows closed and the keys hanging on a board in the kitchen of the residence.5 A number of items had been stolen from the residence which was left in a state of disarray. It is not known who stole the Falcon from Greenmount. However, it was recorded as speeding and doing “burnouts” at approximately 5:45pm on 13 April 2011 in Middle Swan.6 There is CCTV footage of the Falcon involved in a fuel stealing offence from the Caltex Service Station at Swan View on the morning of 14 April 2011 at 4:25am. The CCTV footage shows Eades, Benjamin’s cousin, refueling the Falcon and then entering the passenger’s side of the vehicle. In his interview with police Eades agreed he was a passenger in the vehicle at that time and that Benjamin was driving.7 THE EVENTS Police officers, Senior Constable Craig Green (Green) and First Class Constable Peter Rimmer (Rimmer), were rostered on night shift, conducting patrols on the evening of 13 April 2011 through to 6am on 14 April 2011. They were in a fully 5 Ex 1, Tab 10 6 Ex 1, Tab 22-23 7 Ex 2, Tab 10 p10, Ex 1 Tab 33 Inquest into the death of Benjamin Alfred WARE (F/No: 408/2011) Page 6 marked police traffic vehicle, call sign TE202 (TE202) and both police officers were authorised pursuit drivers with the traffic enforcement group (TEG). At the time Green was driving TE202. At approximately 5am on 14 April 2011 the two police officers were conducting patrols on Hepburn Avenue, Ballajura, driving in an easterly direction back to their office in Midvale. While on Hepburn Avenue they noticed a Ford Falcon sedan (the Falcon) travelling towards them in a westerly direction which was picked up on the mobile radar device as travelling at approximately 94 km/h. The posted speed limit was 70 km/h. The police officers decided it would be appropriate to stop the Falcon to determine the reason for the speeding. After it had passed them Green performed a U turn and as he came up behind the Falcon activated the lights on TE202 in an attempt to stop the Falcon and speak with the driver. It was Green’s view8 that the driver of the Falcon had observed the police vehicle as it passed the Falcon on Hepburn Avenue, and seen it perform the U turn in his rear vision mirror, before approaching the Falcon and activating the lights. By the time the police vehicle was behind the Falcon the 8 t 4.6.14 p9 Inquest into the death of Benjamin Alfred WARE (F/No: 408/2011) Page 7 driver had slowed to approximately the speed limit. The Falcon was being driven by Benjamin with his cousin Eades as a passenger. Eades was 14 years old. The police officers at that time did not know the ages of the occupants of the Falcon or the fact that it was stolen. They did not know Benjamin had some outstanding court matters in the Children’s Court and was intoxicated with methylamphetamine. Other than having slowed the Falcon to approximately the speed limit, Benjamin did not acknowledge police attempts to stop the Falcon.
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