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Commissions of Inquiry Act 1950 (Qld)

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Commissions of Inquiry Act 1950 (Qld) Commissions ofInquiry Act 1950 (Qld) IN THE MATTER OF THE GRANTHAM FLOODS COMMISSION OF INQUIRY AFFIDAVIT David Richard ISHERWOOD of cl- Brisbane, Detective Inspector, states on oath: 1. The following statement is in response to a Requirement to give information issued by Walter Sofronoff Q.C, Commissioner of the Queensland Grantham Floods Commission of Inquiry requesting a written statement dated 29th May 2015, reference number DOC/15/91613 -NTSOOI (the Requirement). 2. I am currently the Detective Inspector, Crime Group, Darling Downs District. At the time of the Toowoomba and Lockyer Valley Floods of the 10th January 201 l I was a Detective Inspector and relieving in role of Regional Crime Coordinator, Southern Region. 3. On 12th January 2011 I was appointed one of the management team of Taskforce Galaxy as the senior regional investigative representative with Detective Superintendent John Sheppard appointed as overall Taskforce Commander. The Taskforce was established by the Queensland Police Service to conduct investigations into loss of life during the flood event on behalf of the Coroner. 4. I have previously made a statement with respect to those flood events. The statement dated 29th June 2011 was prepared for provision to the Coronial Inquest into the ClA"!;h>Ult of the floods. Page 1 Taken by: Affidavit of David Richard ISHERWOOD GR Cooper CROWN SOUCITOR Filed on behalf of the State of Queensland 11 lh Floor, State Law Building Form46R.431, 50 Ann Street Brisbane Qld 4000 Per Paul Lack Telephone 07 3239 3584 LT5/PRE052/2093/LAP Facsimile 07 3239 6272 Exrnbit marked "DRI-1" is a copy of my statement dated 29 June 2011. S. I have previously given evidence at the Coronial Inquest and this affidavit is in furtherance to that evidence, my prior statement, and is to address the terms of reference of this current inquiry into the Grantham flood event. 6. In addressing the schedule attached to requirement reference nwnber DOC/15/91613 - NTSOO 1 relating to how the matters were first investigated I can offer the following information: a. Taskforce Galaxy commenced its investigations at the request and under the direction of the former State Coroner Michael Barnes. lts initial scope was very broad to capture all potential available evidence pertaining to any matter that could have been seen to have contributed to the cause of death of persons as a result of the flood event. Factors independent of the Queensland Police Service narrowed the investigation scope as it progressed. b. there was no investigation by Taskforce Galaxy on behalf of the State Coroner relating to natural or man-made features of the landscape; e. there was no investigation by Task.force Galaxy on behalf of the State Coroner relating to whether the existence or breach of the Grantham Quarry caused or contributed to the flooding of Grantham; d. there was no investigation by Taskforce Galaxy on behalf ofthe State Coroner relating to whether the existence or breach of the Grantham Quarry had a material impact on the damage caused by the flooding at Grantham; e. there was no investigation by Taskforce Galaxy on behalf of the State Coroner relating to whether the breach of the Grantham Quarry had implications for the evacuation of Grantham. The following material contained in this affidavit outlines the investigative response phase, the factors influencing the focus of the investigation and the rationale as to why the matters listed in the schedule were not considered by the Taskforce. 7. This affidavit is also prepared with specific references (in part) to a statement made by Detective Superintendent John Sheppard (retired) on the 7th July 2011 in relation to the operations of Taskforce Galaxy. I can attest to the reference of Sheppard contained in his statement as I was privy to the events to which he refers. Exhibit marked "DRI-2" is a copy of John Sheppard statement dated 7 July 2011 . Page2 8. Taskforce Galaxy was established by the Qld Police Service consistent with the statutory duty of police officers to help the Coroner in the performance of their functions or powers under the Coroners Act 2003 including the investigation of deaths. That duty is accompanied by the corresponding statutory obligation to comply with every reasonable and lawful request or direction of the Coroner. See s. 794 Police Powers and Responsibilities Act 2000 and s.15(2) Coroners Act 2003. 9. Whilst the direction, scope and focus of the investigation of deaths by the Taskforce was a matter for the State Coroner, responsibility for decision-making about the management of the Taskforce was shared between Sheppard and I with support from others. Reporting lines and resourcing requirements were established with the Southern Region Assistant Commissioner GOLLSCHEWSKI and State Crime Operations Command Assistant Commissioner CONDON. 10. Taskforce Galaxy capability also included the detection of criminal activity or offending whether linked to the investigation of the deaths the subject of the Coroner's jurisdiction or otherwise falling within the functions of the Service contained in 2.3 Police Service Administration Act 1990. Had matters requiring criminal investigation been identified, the Taskforce would have referred those matters through its reporting lines to the relevant area of the Service for attention. Absent coronial jurisdiction or the identification of potential criminal activity or offending, Taskforce Galaxy had no further role to play in the flood events. 11. The Taskforce was established independent to cells already in existence, namely the Search and Rescue Major Incident Room (MIR) and the Victim Liaison/Missing Person Cell. 12. The District Disaster Management Group (DDMG) had also been stood up as a result of the flood event and the District Disaster Coordinator (DOC) was Acting Superintendent Brett Schafferius. I am also aware that a District Disaster Coordination Centre was established to manage that aspect. Page 3 13. Each cell I have outlined was independent of each other and was under the command of appointed commissioned officers with the relevant skill set to perform those roles. Whilst each role was separate from each other, joint briefings were held regularly to assist the progress of each individual cell and to discuss any need for a change in the existing strategies to perform such roles. Whilst these scenarios were openly discussed to ensure completeness, the final decision rested with the commanders appointed to that role in consultation with the senior executive. 14. The roles of MIR, Victim Liaison and DDMG were intertwined, however from a Taskforce Galaxy perspective these roles did not accommodate any investigative aspects relating to the flood event. This role was specifically designated to Taskforce Galaxy. 15. After a visitation by the State Corner Mr Michael Barnes to the flood effected areas in Toowoomba and the Lockyer Valley an Investigation Plan was devised in consultation with the State Comer which encompassed the aims of the investigation. The objective of the investigation was to establish the circumstances surrounding each loss of life event and included: • The matter appropriate advice, warning being given to, and acted upon, by any emergency management group authority; • Tbe response in terms of capacity competence and delivery; • The actual occurrence, circumstances, contributing factors and causation of each individual fatality; • In each individual fatality the matter of opportunities for preventable intervention, either indirectly by early warning or directly by personnel; and • Any matters of criminal negligence. Exhibit marked "DRl~3" is a copy of investigation plan dated 14 January 2011. 16. As the investigation progressed strategies and processes adopted by the Taskforce were continually reviewed to meet emerging priorities and ongoing change regarding the focus of the investigation. Further amendments to the investigation plan were initiated and 23 separate MIR Critical Decision Records were created to record any critical decision made concerning the direction of the investigation. These critical decision records provided the circumstances in which the decisions were made and results of that decision. Page4 17. On the 14th January 2011 the Taskforce had established an independent investigative MIR with a staffing model initially consisting of Homicide Investigation Unit (4), State Crime Operations Command ( 6), Southern Region (10) and Intelligence Officers (2). 18. The MIR is regarded as best practice utilising investigative and intelligence structures and case management systems. The computer based system Investigation Management and Control (IMAC) was enacted to capture and retain all data. 19. During the initial stages of the investigation it was determined that when the bodies of the victims were located, a crime scene wouJd be established with normal investigative and forensic processes implemented. 20. These processes involved the use of scenes of crime officers to examine the location of the deceased. Local investigators conducted initial investigations with respect to the cause of death and there was further engagement through the use of Disaster Victims Identification Unit personnel to formally have the body identified. A Form l - Police Report of Death to Coroner was completed and forwarded to the State Coroner. Personnel attached to Taskforce Galaxy would conduct further investigations with respect to the deaths. 21. During the initial stages of the investigation one of the main focuses was given to debriefing evacuees and emergency service personnel who responded to the flood event with the view to ascertaining any evidence that might relate to loss of life. 22. Evacuation centres had been established as a response to the disaster and the housing of victims. Whole-of-Government stakeholders were engaged from the outset, with their representatives at these evacuation centres to attend to the needs of the victims of the flood event In particular welfare counsellors were engaged and operated at these centres with the view to minimising trauma. 23. Taskforce Galaxy personnel were engaged to attend these centres to speak to victims who were asked to recount their versions of the flood event.
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