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. The management team of Taskforce Galaxy initiated a formal questionnaire for use by the victims of the
Page 5 flood event with the view to minimising trauma for the victim. This enabled personnel from Taskforce Galaxy to review these questionnaires and make an informed decision as to the evidentiary value of the information they could supply relating to the flood event and in particular loss of life. During the course of this investigation 245 witness questionnaires were completed. One questionnaire may contain versions from more than one witness. These questionnaires comprised information relating to:
• Personal details which included name, address and contact details of witness~ • Details of other family members or occupants of their address or vehicle at time of flood event; • Particulars of motor vehicles; • Particulars concerning adjacent address; • Time and location of person completing questionnaire when first aware of incident; • Communication/advice received prior to flood; • Time between first aware/advised and flooding requiring evacuation; • Observations of person from commencement and throughout incident; • What person heard from commencement and throughout incident; • Did you evacuate and time and location of evacuation; • What happened after incident commenced; • Movements of persons/evacuees;
• Details known of any flood in that area before; and • Type of any record kept and where stored (photograph/video).
24. Where witnesses were identified over the following days and weeks, formal statements were taken. From the initial witness statement, further witnesses were identified and statements were taken. This process was managed in IMAC.
25. To minimise grief of these witnesses I made a decision that the Taskforce would establish a drop-in centre at the Gatton Community Centre which would be staffed by Tas.kforce personnel and where victims and witnesses could attend in a more comforting environment than that of a poJice station, to complete their formal typed statements or engage with police with respect to issues of concern.
Page6 26. After the initial period in which the Taskforce was established it had become apparent that the original staffing model would not cope with the volume of material being received with respect to the coronial investigation. As a result a new staffing model was developed which incorporated 48 personnel comprised of the following: • Management team (3 officers); • MIR coordinator (1 officer); • Staff officer (1 officer); • Liaison officer Stale Coroner (1 officer); • Reader (MIR) (1 officer); • Mapping and Imagery cell (3 officers); • Evacuees and witness cell (17 officers); • Victim family liaison officers (2 officers); • First Responders (12 officers); • Exhibit collection (1 officer); • Intelligence support (3 officers); and • Forensic Liaison (3 officers).
27. During the course of the initial investigations it was established that there was significant imagery relating to the flood event available. Strategies were developed to effectively capture such imagery for future reference. Titls strategy involved a process which encompassed encouraging persons and organisations coming forward and supplying imagery relating to the flood event. The manner in which this imagery was dealt with was dependant on the evidentiary value of such imagery. If witness provided imagery during the course of the taking of their statements it would be immediately copied by investigators and the copies were retained by police. Whilst it was not the normal operating procedure to retain the original device that the imagery was stored on, this may have inadvertently occurred due to the enormity of material being received. To my knowledge no original devices are held and if it had been the case, to date, no representations have been made to seek the return of these devices.
28. The importance of properly recording and producing imagery to be used for the coronial inquest facilitated the necessity of establishing a pwpose focused cell within the Task.force structure. This cell created a folder on the fileserver which holds over
Page 7 190 folders. Each separate folder was created for each individual person or organisation who provided the taskforce with imagery. The cell is also in possession of 176 discs which also contained imagery. These discs are archived at Toowoomba Police Station.
29. A Family Liaison Cell was created with two officers appointed to the role with a view to minimising further grief to victims and family members through the arduous process involved relating to the investigation into the deaths during the flood event. These officers were supplied with mobile telephones and were contactable by the victims and families on a 2417 basis.
30. On Monday the 1711t January 2011 a Commission of Inquiry to examine the unprecedented flood disaster was announced by the then Premier of Queensland Anna BLIGH. The Queensland Flood Commission of Inquiry was to be chaired by the appointed commissioner the Honourable Justice Catherine HOLMES. The Terms of Reference for the Inquiry related to all events leading to the floods, all aspects of causation and response, and subsequent aftermath. Exhibit marked "DRl-4" is a copy of the Terms of Reference.
3 L. Upon the establishment of the Commission of Inquiry a direction was sought from the State Coroner as to the impact the Commission of Inquiry would have on the coronial investigation.
32. On the 18th January 2011 advice was received from the Coroner that Task.force
Galaxy was to investigate all deaths related to the flood event in South~East Queensland. At this time it had been established that 25 persons were confirmed to either be deceased or missing believed deceased. Of these 12 were from the Grantham area.
33 . On the 2-,th January 2011 correspondence was received from the Coroner. The Coroner provided advice with respect to the direction of the investigation. The Coroner advised by virtue of s.4A Commissions of Inquiry Act 1950 his juriscliction into matters to be examined under the terms of reference was extinguished. The Coroner further advised "that Section 45 of the Coroners Act 2003 required him to make finding as to whether persons suspected of dying in the floods are in fact dead;
Page 8 the identify of those who died; how they died; when they died; where such persons died and the medical cause of those deaths". The Coroner was of the view that all issues that may have been considered by him with the view of making comments were covered by the Terms of Reference and accordingly be had no jurisdiction to consider those issues. The Taskforce was directed to cease its investigation as it related to those matters. Jn personal discussions with the Coroner it was confinned the role of the Taskforce to investigate causation leading to any death other than loss of life through flooding had been extinguished. Exhibit marked "DRl-5" is a copy of the correspondence from the Coroner dated 27 January 2011.
34. The Coroner provided a template for Operation Galaxy reports in relation to the bodies already recovered and identified and the missing persons. This template was the reporting format that would be utilised by the lead investigators Detective Senior Sergeant Paul McCusker and Detective Senior Sergeant Mitchell Castles when reporting to the Coroner on each death or those who were still missing presumed dead. Exhibit marked "DRl-6" is a copy of the template for Operation Galaxy reports.
35. On the 28th of January 2011 the original investigation plan was amended to reflect the directive issued by the Coroner in his correspondence dated the 27in January 2011. Exhibit marked "DRl-7" is a copy of amended investigation plan dated 28 January 2011.
36. Following the advice received from the Coroner it was determined that a comprehensive investigation was still required to fulfil the police service' s obligations on behalf of the Coroner. Taskforce Galaxy continued to conduct investigations in the same vein as had been previously undertaken however issues regarding causation were not further canvassed as per the Coroner's directive. The comments in paragraph 8 of this affidavit as to the Taskforce's statutory duties is relevant here.
37. The Taskforce investigation did not extend to the adequacy of the performance of the emergency services agencies in responding to the disaster or by virtue of their roles
Page9 of responsibility for prevention or mitigation, however it did extend to their response
with respect to loss of life. The investigation plan was amended on the 21st of February 2011 to reflect th.is directive. Exhibit marked "DRl-8" is a copy of amended investigation plan dated 21 February 2011.
38. The Taskforce did adduce evidence with respect to location, intensity and the amount of rainfall for the Toowoomba and Lockyer Valley areas in the days leading up to the event and on the afternoon of the 10th January 2011. Also information relevant to water level rises where lives were lost was also sourced and utilised in the coronial brief of evidence. This information related directly to cause of death which in all instances the cause of death was deemed to be from drowning.
39. During the course of the coronial investigation the lead investigators had access to significant volumes of material which comprised a total of 854 formal statements, and a substantial amount of imagery provided to the Taskforce by 366 individual persons and organisations. The imagery provided in most instances contained multiple photographic and video files.
40. During the compilation of the brief of evidence to the Coroner all material was reviewed by the lead investigators. Pursuant to the directive of the Coroner, upon the commencement of the Commission of Inquiry with its Terms of Reference only material which directly related to loss of life was considered by the Coroner. Based on this direction from the Coroner a total of 365 formal statements were utilised and incorporated into the coronial brief of evidence. An imagery pack.age was also created for each individual loss of life which encompassed different forms of imagery. An index of all statements however obtained during the investigation was provided to the Coroner for his information.
41. Taskforce Galaxy also responded to multiple Notices to Produce issued by the Queensland Flood Commission of Inquiry addressed to the Commissioner of the Queensland Police Service by the provision of material it gathered during the course of its coronial investigation. Consistent with s.54 Coroners Act 2003, the consent of the Coroner was obtained prior to production of the material. Specifically, material was produced pursuant to Notices to Produce reference numbers 1539786; 1539724;
Page 10 1550168; 1547879; 16032011; 1556530; 1556458; 21032011; 1602872 and 1602881. 1bis material included witness statements; first response statements; investigation plans; footaget photographs and imagery before and after the 10 January 2011 'flood event'.
42. The Coronial Inquests commenced on the 31st of October till the 2"d of November 2011 and reconvened on the 27th of February to the pt of March 2012.
4 3. All the facts and circumstances herein deposed to are within my own knowledget save such as are deposed to from information only, and my means of knowledge and sources of information, appear on the face of this my affidavit.
Sworn by David Richard Isherwood on 17th June 2015 at Brisbane in the presence of:
Page 11 Commissions ofInquiry Act 1950 (Qld)
IN THE MATIER OF THE GRANTHAM FLOODS COMMISSION OF INQUIRY
INDEX OF EXHIBITS
Affidavit of David Richard ISHERWOOD.
--,- ~ --- -~--, --. - - f-b_· ~·lu_b_i_t 1--D_nc_umdlt ______,·...... n rt.te. _ ___ . P: c DRI-1 Statement ofD R ISHERWOOD 29 June 2011 1 - 33 DRI-2 Statement of J SHEPPARD 7 Jul 2011 34- 42
Page 1
Certificate of exhibjt of David John GR Cooper Isherwood CROWN SOLICITOR 11th Floor, State Law Building Filed on behalf of the State of Queensland 50 Ann Street Fonn 46 R. 431, Brisbane Qld 4000 Per Paul Lack Telephone 07 3239 3584 L T5/PRE052/2093/LAP Facsimile 07 3239 6272 Commissions ofInquiry Act 1950 (Qld)
IN THE MATTER OF THE GRANTHAM FLOODS COMMISSION OF INQUIRY
CERTIFICATE OF EXHIBIT
Exhibit DRI-1 to the affidavit of David John Isherwood sworn l 7tti June 2015:
Page 1
Certificate of exhibit of David Richard GR Cooper Isherwood CROWN SOLlCITOR 11th Floor, State Law Building Filed on behalf of the State of Queensland 50 Ann Street Form 46 R. 431, Brisbane Qld 4000 Per Paul Lack Telephone 07 3239 3584 LT5 /PRE052f2093/LAP Facsimile 07 3239 6272 Exhibit DRl-1
...l .Pi:~, Ii QUEENSLAND POLICE SERVICE ., STATEMENT OF WITNESS q,ous 01.w Al4
Occurrence #: Statement no.: Date: 29/06/l011 ------Statement of Name ofwitness: ISHERWOOD, David Richard Date of birth: Age: Occupation: Inspector of Police Police officer taking statement Name: Rank: Reg. no.: ------Region/Command/Division: ------Station: ------Statement:
David Richard ISHERWOOD states;
I am currently a Detective Inspector of Police attached to the Southern Region Toowoomba, performing the duties as Manager ofTaskforce 'Galaxy'.
On Monday the 10 January 2011 I was performing duties es the Regional Crime Co ordinator, Southern Region. The Regional Crime Co-ordinators office is located on the first level of the Regional Office building at 52 Neil Street, Toowoomba. As a result of a conversation with Acting Chief Superintendent MORROW at about 1.40 p.m. on that day I walked to the :front verandah which nms alongside the Neil Street side of his office and observed torrential rainfall which had inundated the street drainage !ystems causing both the footpath and roadway in Neil Street to flood. I also observed numerous 'wheelie bins' floating down the street from south to north. It was apparent that such intense rainfall would cause flooding.
At about 1.45 p.m. I had a conversation with Assistant Commissioner GOLLSCHEWSKI who related his observations and confumed that serious flooding was occurrin within in the Toowoomba City Centre. After a number of attempts to
(Justice of the Peace (Qual.)I (Signature of police officec c.ommissionar for Dcclarations's signature) pnipming statement) Page 1 of33 CONITNUED STATEMENT OF: ISHERWOOD, David Richard
contact the Toowoomba Police Communications Centre I had a conversation with Acting Inspector Douglas Mc DONALD who had attended my office in the company of Acting Inspector Jason HOPGOOD. As a result of this conversation at about 2.lOp.m. Acting Inspectors MC DONALD, HOPGOOD and I left the regional office to become a taskable first response unit to attend to calls for service. At the time vve
utilised the service vehicle allocated to the Regional Crime Co-ordinators positio~ an unmarked Toyota Kluger all wheel drive vehicle. We travelled south along Neil Street, monitoring the police radio channel VRK Toowoomba.
At about 2.12 p.m. I noted a call over the police radio channel to car 211 a Toowoomba Station general duties unit requesting they respond to a call for service 'two kids caught on a lamp post in flood waters James and Kitchener Streets'. Car 211 was given a Code 2' priority response (for urgent matters involving injury or present threat of injury to person or property) which authorised the use of urgent duty driving and the engagement of the warning devices such as flashing lights and siren. The communications operator also called an 'any unit can· to that location. Due to the volume of radio transmissions on the police radio frequency we could not immediately respond, however at 2.14 p.m. I did inform the radio operator of our intention to attend. As the service vehicle I was driving was not fitted with these warning devices, I did not proceed 'Code 2', however am aware that car 211 did acknowledge such priority response.
I drove east along James Street and about 500 metres from the intersection of Kitchener Street observed that both lanes of traffic east bound were stationary I drove onto one inbound lane and proceeded to the actual intersection par.king the police vehicle on the median strip in the centre of the roadway. At 2.18 p.m. I advised VRK Toowoomba via the police radio "Off at the intersection just be aware
0 that we do not have a hand held • On alighting from the vehicle and walking towards the intersection I saw fast flowing flood water covered the breadth ofthe
whole intersection. The water was flowing from a south-easterly to north-westerly direction following the water course ofEast Creek. I observed two males clinging to
~~tepole or sign about fifteen meters away. Further into the intersection I saw
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another group of males holding onto the traffic lights with the water waist deep and moving rapidly.
I also observed a prime mover and trailer on the opposite side of the intersection parked in the flood waters and observed a Toyota Camry Sedan also at the intersection the vehicle the vehicle was facing south east with a female sitting on the
roof of the vehicle with a vehicle tie down strap attached to her waist and connected to the prime mover.
I had a conversation with Constable BRUCE one of the crew members of Toowoomba general duties car 211 and dwing this conversation he indicated the location of a male person who was holding on to a light pole on the eastern side of Kitchener Street. I now know that this person was Chris SKEHAN and was told by Constable BRUCE that as a result of his inquiries he had gleaned that SKEHAN was in his current position due ro bis attempts to rescue persons who were on top of a
vehicle trapped in flood waters and as the vehicle bad been washed awa} the persons were also swept away by the flood waters. I further ascertained that the persons taken by the flood waters were an adult female and a male child who I now to be Donna and Jordan RICE.
I then had conversations with Acting Inspectors McDONALD and HOPGOOD and we assessed the various rescue options available to us relating to persons trapped by the flood waters. This assessment took into consideration the extreme rapid flow of flood waters and the amount of debris within those waters inclwling a nlllllber of vehicles that had been swept away that whilst station.acy were in precarious positions.
Due to the consideration given to these facts it was decided that the inherent dangers associated with any rescue attempt would be too great until the volume of vvater receded.
Acting Inspector McDONALD identified another police unit on the eastern side of the intersection and utilised his mobile telephone to speak with the crew of this
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vehicle. As a result communications we-re established with Queensland Fire and Rescue Service personnel also at this location.
At 2.32 p.m. as a result of these communications a request was made via the police radio channel VKR Toowoomba for helicopter support t.o affect a rescue. I noted that there was an enormous volume of transmissions on the police radio channel and made a decision to return to my service vehicle and become mobile t.o assess the
overall situation with respect t.o the flooding of East Creek and assist with calls for Service.
I initially drove north of this location to Margaret Street and observed flood water over the roadway where the roadway crosses East Creek which made this route impassable.
At 2.42 p.m. I recall a radio transmission from Constable BEATTIE in Car 212 who was at Witbcott and advised "got the range completely closed, got massive landslides there ..... ". At this time I also recall an 'any unit' call by Toowoomba Police Communications "Any unit that can go down the range to assist with three persons that have been washed offnear Withcott". I recall Unit 753 acknowledged this call. I also recall that this unit>s location was on the western side of P.am: Creek and lat.er acknowledged that flood waters prohibited him getting to the Toowoomba Range.
I then drove south travelling along Ramsey Street to the suburb of Middle Ridge in an attempt to get to the Warrego Highway at the t.op of the Toowoomba range to fully assess the situation. However each roadway that I attempted to utilise namely Perth, Long, South and Alderley Streets was impassable due to the flooding created
by East Creek. As I continued to drive south I reached the ~on of Ramsey and Bonnybrae Streets which was also impassable due to floodwaters near the intersection. It became apparent to me that due to the flooding caused by East Creek no access was available to the eastern parts ofToowoomba.
(Justice of the Peace {Qual)/ (SJanamre of police offic:er Commissioner for Declanitioos's s1gnaturt:) preparing statement) QP 0125 Sta1r.:ment of Witness Page 4 of33 CONTINUED STATEMENT OF: ISHERWOOD, David Richard
I returned to the Regional Office arriving at about 3.30 p.m. immediately taking up with As&stant Commissioner GOLLSCHEWSKL I briefed him on my observations
with ~ect to the flooding of East Cree~ the numerous calls for Service and the situation at James and Kitchen Streets with respect to the probable loss of life incident and other situations including the Toowoomba Range and Withcott.
A short time later Assistant C-Ommissioner GOLLSCHEWSKI and I travelled to
James and Kitchener S1re~ and enroute whilst monitoring the police radio channel heard talk ofreports of vchic1es and persons believed to have been swept of the Warrego Highway at Withcott. I recall that Assistant Commissioner GOLLSCHEWSKI upon hearing this radio transmission immediately made a telephone conversation and I heard him request situational advice.
Upon arrival at James and .Kitchener Streets I immediately noticed that the water had receded and was now flowing within the water table that fonns East Creek. Assistant Commissioner GOLLSCHEWSKI and I took up with Acting Inspectors
MC DONALD and HOPGOOD and then walked north up Kitchener Street to a bus shelter and took up with Queensland Fire and Rescue Service personnel. I observed the roof and rear section of a white Mercedes Benz Sedan which was lodge against a concrete pedestrian wallc over in East Creek. I was advised that the body of a deceased female had been located some distance downstream. past the Chalk Street Bridge.
At about 4.15 p.m. Assistant C-Ommissioner GOLLSCHEWSKI and I drove to the Chalk Street Bridge where we spoke to both police and fire officers who indicated the location of the body of the deceased female who was futher downstream from our location. Whilst driving to this location it became apparent by the devastation and debris along the roadway that vehicle access to the east and west ofToowoomba would not have been possible due to the flood water created by the over-flow from East Creek. I then returned to the Regional Office with Assistant Commissioner GOLLSCHEWSKI and at about 5p.m. and after discussions with him and Acting
(Justice of the Peace (Qual.)I (Signature of police officer Commissioner for Declarations's signature) preparin& atat.emmt) QP 0125 Statement of Witness Pages of33 CONTINUED STATEMENT OF: ISHERWOOD, David Richard
Chief Superintendent MORROW volunteered to perform the duties as Police Forward Commarider t.o manage the policing response in the Lockyer Valley.
I then travelled t.o Withcott utilising the Warrcgo Highway Toowoomba Range route. I recall that the road was closed at the top of the range however as I was in an emergency service vehicle was allowed to proceed. There was significant debris over the roadway and in two sections there had been considerable landsides. At the first ofthese landslides which is approximat.cly 1 km from the top of the range I
noted that the landside would have been considerable as both l~es were covered this section of the roadway was being cleared by machinery however there was still a considerable amount of earth covering the right band lane with the left hand lane having been partially cleared.
I also recall that due t.o the continual radio communications over the police radio channel I officially booked 'On Air' at 5.36 p.m. by which time I had actually reached the township of Withcott.
I clearly observed the effects of the flooding with numerous vehicles having been washed off the roadway and there was considerable flood damage to businesses and dwellings in the township. I also observed that the nonnal water course that runs parallel t.o the highway, Rocky Creek had caused massive erosion to the creek banks.
At about 5.45 p.m. I arrived at the intersection of Mwphys Creek Road end Gatton Creek Road where a Forward Command Post had been established by Sergeant Peter HUDSON of Toowoomba Station. I noted that Sergeant HUDSON was in the company of Constable Chloe BEATfIE also of Toowoomba Station. I had discussions with Sergeant HUDSON who briefed me on calls for service to be attended to, and that there were a total of l 0 staff available to be deployed to attend to these calls for Service. I was also appraised by BEAITIE of her situation during the flood event being the only police officer available to attend to calls for service between Toowoomba and Helidon during the flood event.
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The calls for service all related to persons who could not be contacted and accmmted for, however as an initial response priority where some evidence had been adduced that persons were missing, these calls for service were actioned first. It was identified that 6 persons were missing from the Postmans Ridge area, Sylvia BAILEY and Bruce and Wendy WARHURST, their son, their daughter in law and granddaughter identified that there were 2 persons missing from Spring Bluff, Steven and Sandra MATTIIEWS and three persons missing from - - Murpbys Creek Selwyn and Catherine SCHBFE and their 6 year old daughter Katie.
A search was immediately commenced of Gatton Creek from Gatton Creek Road, to Rocky Creek which is located near and then along Rocky Creek. The inaccessible areas were searched by officers from the Southern Region Stock and Rmal Crime Investigation Squad utilising their 4 wheel drive vehicles.
At 6.15 p.m. advice was received that Ipswich Queensland Fire and Rescue Service svvift water officers had rescued Catherine SCHEFE in flood waters near the Murphys Creek State School.
Whilst supervising the ground seareh, at 6.21 p.m. I spoke to a Rod ALFORD ofllll Postmans Ridge who provided information which assisted in the area to be searched.
The initial search ofthe Postmans Ridge area concluded at 8 p.m. I made the decision to move the Forward Command Post to Murphys Creek Tavern. On mi.val at that location I took up with Acting Inspector HOPGOOD and Senior Sergeant HARLAND. I was formally advised of the search that had been conducted relating to Steven and Sandra MATTIIBWS and that they had been located deceased. I vvas also briefed about the search that bad been conducted with respect to Selwyn and CHEFE.
(Justice of the Peace (Qual.)/ (Signature of police officer Commissioner for Declarations's signature) preparing statement) QP 0125 Sbdemcnt of Witness Page7 of33 CONTINUED STATEMENT OF: ISHERWOOD, David Richard
As a result ofthis briefing all police personnel were tasked to attend to the remaining calls for Service.
There where inherent communication problems at this location with both radio and mobile telephone reception unavailable and only one landline available at the Tavern which was required to be shared between the Queensland Fire and Rescue Service) Rural Fire Service personnel and the general public.
After repeated attempts to gain access to the Murphys Creek State School at about 1Op.m. the Police Forward Command Post was moved to this location where telephone land lines were available.
By 1.30 a.m. on Tuesday the 11 Janwuy 2011, all calls for service that had been received had been actioned. Whilst all calls for service had been actioned a number of calls for service had not been completed due to inaccessibility to the location.
I commenced duty at the Forward Command Post at 6 a.m. and with District SARMAC Senior Constable Simon GOODWIN a plan was prepared for more extensive searches to be conducted utilising 13 staff from the Public Safety Response Team and 2 Stock Squad Officers to conduct grid searches offrom Mwphys Creek, Postmans Ridge areas relating to missing persons, the SCHEFE's, the WARHURST's and Sylvia BAILEY. Also outstanding calls for Service from the previous day were also detailed and completed.
Shortly after commencing duty on that day ifbecome apparent that the land line telephone communications had failed, with the only form of communications available at the Police Forward Command Post was the use ofpolice radio frequencies. Mobile telephone usage meant that I would have to drive between 3 - 5 kilometres to ensure sufficient coverage.
(Jwtice of the Peace (Qual.)/ (Signature of police officer Commissioner for Declaratiom's signature) preparing statement) QP 0125 Statrment of Witne.ss Page 8 of33 CONTINUED STATEMENT OF: ISHERWOOD, David Richard
At 11.27 a.m. formal confirmation was received that Wendy WARHURST, her son John, his wife and daughter had been located at their reside.nee. Further advice
Was received that they had been in Toowoomba during the flood ev~ however Bruce WARHURST was still missing.
All personnel ceased duty at 6p.m. when all outstanding calls for Service from the previous day had been completed. Whilst the ground searches conducted failed to locate the whereabouts of Selwyn and Katie SCHEFE, Sylvia BAILEY and Bruce WARHURST, door knocks, and the attendance at and finalisation ofprevious calls for Service established that no further persons were identified as being missing in the Postmans Ridge, Muphys Creek area.
At 6 a.m. on Wednesday the 12 January 2011 I commenced duty at the Forward Command Post Mmphys Creek where I was subsequently relieved of command by Toowoomba District Inspector WHYTE.
I retmned to the Regional Office at Toowoomba and spoke to Assistant Commissioner GOLLSCHEWSKI who informed me that a coronial investigation Ytas being undeitakenjointly by members of the Southern Region and Homicide Group, Task Force Galaxy. Assistant Commissioner GOLLSCHEWSKI further informed me that I had been appointed a manager of the Task Force under the command of Detective Superintendent John SHEPPARD who was the Task Force Commander.
At 10.30 am I met the State Coroner Michael BARNES, Detective Superintendent SHEPP ARD and Acting Detective Inspector MASSINOHAM at Toowoomba Airport. Also in the company of Acting Inspector MCCUSKER, we then drove to the effected areas ofWithcott, Murphys Creek, Postmans Ridge and Grantham and areas of interest identified after conversations with Mr BARNES.
(Justice of the Peace (Qual.)/ (Signature of police officer Commissioner for Decland:lons's signature) preparing mrtement) QP 0125 Statement of Witness Page 9 of33 CONTINUED STATEMENT OF: ISHERWOOD, David Richard
From this date Acting Detective Inspector MASSINGHAM and I assumed joint ownership and management ofthe Task Force. Personnel seconded to the Task Force were appointed to various cells and allocated specific duties relating to the coronial investigation. The Task Force consisted of a management cell, intelligence ce!4 imagery cell, tamily liaison cell, exhibit cell and deceased event cell which were divided into 10 investigative teams.
On Monday the 17 January 2010 I attended a briefing with Assistant Commissioner OOLLSCHEWSKI. As a.result ofthis briefing I had a conversation with Inspector Jerry WALTON of the Ethical Standards Command regarding an internal
investigation being conducted by bun relating to a ~O" call received by a police operator from the deceased person Donna Maree RICE. I was also advised that the Coroner Mr. BARNES had been briefed the previous evening by Commissioner ATKINSON regarding this investigation.
During the course of the coronial investigation it was established that calls were made by dec:eased persons to Emergency Services. To fucilitate the utilisation of this material, between the 22 January 2011 and the 7 March 2011 Supplementary Form l's were completed and forwarded to the Coroner for his approval for the issuing of Form 25's "Requirement by the Coroner for Information' by virtue ofprovisions of Section 16 (2) ofthe Queensland Coroners Act The requirement related to all call charge records from all Telecommunication caniers relating to deceased persons. The Coroner issued the relevant fonn 25's which were served on all the carriers who duly complied. All the material received was then incorporated in the Telecommunications Section of each individual deceased event package.
As a result of the information provided by the Telecommunication earners requests were made to Police Communication Centres in Toowoomba and Ipswich to provide 000 calls received at those C.ommunication Centres between the times of lp.m. on IO January 2011 and 1.05 p.m. on 12 January 2011. A request was also made to Police Communications Centre to provide 000 calls received at those
(Justice of the Peace (Qual.)/ (Signature of police officer Commissioner for Declarationa's signature) pn:paring stat.emcot) QP 0125 Statement of Witness Page 10 of33 CONTINUED STATEMENT OF: ISHERWOOD. David Richard
Communication Centres between the times of lp.m. and 6p.m. on 10 January 201 l. On 16 February 2011 all 000 calls from Toowoomba and Ipswich Communications
Centres were received. On the 2 March 2011 all 000 calls received by Brisbane Police Communications Centre were received.
On Monday 28 February 2011 I had discussions with Detective Senior Sergeant McCUSKER with respect to 000 calls received by the QuunsJand Fire and Rescue Service. & a result ofthese discussions Detective Senior Sergeant McCUSKER contacted Vicki BINDING, cxccuti\'e secretary for the Assistant Commissioner Queensland Fire and Rescue Service and requested copies of calls received. The material requested was collected from the Toowoomba. office of Queensland Fire and Rescue Service on 2 March 2011. Further material was collected from the Brisbane office of the Queensland Fire and Rescue Service on the 23 March 2011 and 1 April 2011 respectively.
To identify calls made relating to persons deceased or missing a review was undertaken of every 000 call that had been supplied. The three administration officers attached t.o the Task Force were tasked to listen to every 000 call and identify calls relating to decea.5ed or missing persons. A spreadsheet was created where information was recorded concerning every call. A call that was identified relating to a loss oflife incident was then transcribed.
On Wednesday the 9 March 2011 during a management meeting conducted by Detective Superintendent SHEPP ARD the issue of Emergency Service Response to 000 calls by deceased persons was discussed. As a result of the discussions relating to this issue and after consultation with executive management a decision was made to pursue identification as to what the response was to 000 calls relating to specific deceased events 'in progress'.
A determination was made that investigations into Emergency Service Response would include all Emergency Services, encompassing Police, Fire and Ambulance.
The response was to remain central to the individual l~ of life as distinct from any
(Justice of the Peace (Qua!.)/ (Si8nJiturc ofpo lice officer Commissioner for Dcclatations's signature) preparing statement) QP 0125 Statement of Witness Pa.ge 11 of33 CONTINUED STATEMENT OF: ISHERWOOD, David Richard
organisation's prevention and response mangmcnts or capability. A :further decision was made to create a seperate investigative cell comprising four investigators to address this issue.
On Thursday the 17 March 2011 I attended a management meeting at the Homicide Squad, Brisbane. Detective Superintendent SHEPP ARD advised me ofhis requirements with respect to how the emergency response evidence package should be compiled. The package should include what time the call was made, a transcript of the call, identify the call taker, what that person then did, and outline what
response was provided. Det.ective Superintendent SHEPPARD further advised that he believed the process may in some cases be able to be truncated ifthere is evidence showing that at the time ofthe call or by the time that the call reached emergency
services the victims had already been swept away and were beyond help, the prevailing conditions made a response impossible in that emergency service resources were fully engaged and could not be reallocated. Detective Superintendent SHEPP ARD also informed me that the investigation should not rely on an inference or opinion by the lead investigator but the facts should be drawn from the statements of witnesses and the documentary exlu'bits which can be outlined in the coronial report.
On Sunday the 20 March 2011 I formulated a plan for investigators to investigate response to 000 calls. The plan consisted ofreviewing an analysis summary of Call Charge Records and 000 calls as contained in the individual deceased events packages, a review IMS, CAD, and Queensland Fire and Rescue Service data to identify the call taker and review emergency service response from such data.
On Tuesday 22 March 2011 in consultation with Acting Detective Inspector MASSINGHAM a cell consisting of four detectives was formed to conduct investigations into emergency response.
(Justice of the Peace (Qual.)I (Signatnre of police officer Commissioner for Declarations's signature) preparing starement) QP 0125 Statem.mt of Witness Page 12 of33 CONTINUED STATEMENT OF: ISHERWOOD, David Richard
On Wednesday 23 March 2011 Detective Senior Sergeant MC CUSKER and I attended Toowoomba. Police Communications Centre and spoke to the Officer in Charge Senior Sergeant Julie COOLING. We discussed the process by which 000 calls arc received, IMS recording and policing response. Senior Sergeant COOLING advised me that the total number of 000 calls to the Toowoomba Communications Centre on 10 January 2011 was 1446 of which 601 were serviced and 845 calls abandoned. Senior Sergeant COOLING also advised me that the unanswered 000 calls diverted to Ipswich District or Brisbane Police Communication Centres with the information being recorded and telephone contact made after receipt ofthe call. She further advised however that due to the sheer volume of calls these centres also communicated through facsimile or e mail. The information provided by Senior
Sergeant COOLING during om discussions formed the basis of a statement she has supplied to Task Force Galaxy. I refer to this statement of Senior Sergtant COOLING.
As a result of these discussions I requested Senior Sergeant COOLING retrieve IMS data relating to 000 calls. I also requested that police radio transmissions for the 10 and 11 January 2011 to be downloaded relating to deceased person events. This material was provided on the 24 March 2011.
As a result of information from Senior Sergeant COOLING inquires were conducted with Police Communications Centres at Ipswich and Brisbane Police Communications Centre's and requests made for their IMS data relating to 000 calls relating to deceased persons.
On 21 March 2011 as a result of our previous discussions relating to Emergency Response, Detective Senior Sergeant MCCUSKER contacted Mr Jeff KING. Executive Manager, Emergency Operations, Queensland Fire and Rescue Service and requested data relating to calls received by Queensland Fire and Rescue Service to 000 calls for Service and their response.
(Justice of1he Peace (Qual.}' (Signature of police officer Commissioner for Declarltions's signature) prepering statement) QP 012S Sbdement of Witness Page 13 of33 CONTINUED STATEMENT OF: ISHERWOOD, David Richard
On Wednesday 23 March 2011 the data was collected from the Queensland Fire and Rescue Service in Brisbane. A review was conducted of data and it was ascertained that the material provided was incomplete. Another request was made by Detective Senior Sergeant MC CUSKER and further material was provided and collected on Wednesday 30 March 2011. Detective Senior Sergeant McCUSK.BR was made aware that the Queen.sland Fire and Rescue Service have compiled
deceased event packages and a request was made to Queensland Fire and Rescue Service for the provision of this material.
On Monday 28 March 2011 I collated information supplied by Toowoomba Police Communications against 000 calls relating to deceased events. During this process I noticed ambiguities between data currently ascertained during course of investigations and the material that had been provided. This facilitated the
requirement for all telephone calls to be examined to determine ifthey were flood related and ifthey related to a deceased event.
On this date I had discussions with the principle investigators Detective Senior Sergeants MC CUSKER and CASTLES regarding the manner to which inquiries are to be undertaken with respect to 000 Emergency Response Team and how data was to be captured. I th.en formulated a spreadsheet that would capture all data which included each deceased event, 000 call for service, date and time call received, the receiving organisation and person receiving the call, nature of call, verbal response, action taken and the response outcome.
On Tuesday 29 March 2011 I briefed all detectives assigned to the Emergency Response Investigative Team on their investigative requirements and the outcomes to be achieved.
On Tuesday 5 April 2011 I received a briefing from Detective Senior Constable ROLPH with respect to the outcomes to date of the Emergency Response Team. I split the cell into two teams, one team reviewing 000 calls and one team looking at response IMS/CAD material.
gnature) (Justice of the Peace (Qual.)/ (Sigpature of police officer Commissioner for Declarations' s signature) preparing statement) QP 0125 Stalement of Witness Page 14of33 CONTINUED STATEMENT OF: ISHERWOOD, David Richard
On Tuesday 12 April 20I1 I was advised by Detective Senior Sergeant McCUSKER that the Queensland Fire and Rescue Service has compiled deceased event packages, and on this date a request is made to Queensland Fire and Rescue Service for the provision of all their material.
On Wednesday 13 April 2011 I had a telephone conversation with Officer in Charge of the Ipswich Police Communications Centre Senior Sergeant CAfllLL. I discussed with him the process of attending to 000 calls for Service received which had been diverted to his centre from Toowoomba. Senior Sergeant CAIIlLL advised me that the procedure adopted on the day was a combmation oftelephoning, e-mailing or faxing the information to Toowoomba Police Com.mwtlcations.
On Thursday 14 April 2011 I was advised by Detective Senior Sergeant McCUSKER that Kylie WARLOW, Director Legal Services Unit, Queensland Fire and Rescue Sczvice had informed him that legal opinion is being sourced from Crown Law prior to releasing the required ma1erial from the Queensland Fire and Rescue Service.
Also on this date it was identified that the initial conversations with Telstra 000 operators requesting F.mergency Services response had not been sourced. Inquiries conducted revealed that these conversations were recorded by Telstra and that access
to the information would require a direction from the Coroner. Supplementary Fonn
I ,s were completed relating to the obtaining of this information relating to all deceased person 000 calls, the Coroner issued the Form 25's on the 28 April 2011.
On Sunday 17 April 2011 I conducted a review ofmaterial relating to Queensland Fire end Rescue Service response and identified the necessity that there was a need to capture all the material being withheld. I requested Detective Superintendent SHEPPARD raise my concerns with the Coroner when they met with the view to the
(Justice ofthe Peace (QuaLY (Signature of police officer Commissioocr for DecJarations's signature) preparing 51*ment) QP 0125 Statement of Witness Page 15 of33 CONTINUED STA 1EMENT OF: ISHERWOOD, David Richard
On Monday 18 April 2011, I had discussioM with Detective Superintendent SHEPP ARD who advised me that the outcome of his meeting with the Coroner was that there would not be a formal request the issuing of Form 25's by him for material from the Queensland Fire and Rescue Service, giving the organisation further time to provide such material as they had previously indicated.
On Friday 6 May 20111 discussed Emergency Response Team inquiries with Detective Senior C-Onstable BEBAN and Detective Senior Sergeant McCUSKER Detective Senior Constable BEBAN highlighted the difficulties being experienced in completing inquiries relating to Emergency Response without the information that was to be provided by Queensland Fire and Rescue Service relating to loss oflife packages which contains all radio and telephone t:rammissions. I then telephoned Kylie WAR.LOW Director Legal Services Unit, Queensland Fire and Rescue her Departments failure to provide the package in a timely matt.er. I was advised by Kylie WAR.LOW that in order to facilitate a timely response to our request she will now require form 25's from the C-Oroner. I immediately telephoned Dete.ctive Superintendent SHEPP ARD and discussed this matter with him. Detective Superintendent SHEPPARD advised me to have material prepared for a request to the coroner to have fonn 25's to be issued.
On Sunday 8 May 2011 Supplementary Form 1's were completed relating to the obtaining ofthe required data from Queensland Fire and Rescue Service, with the coroner issuing form 25 's on 16 May 2011.
On Tuesday I 0 May 2011 I attended a management meeting at the Homicide Squad ofifoe in Brisbane hosted by Detective Superintendent SHEPPARD. At this meeting I was given the task to ensure the completion of all outstanding statements, job logs relating to finalisation of Emergency Response Team inquiries and was to overview all material and prepare an overarching statement outlining the outcome of the 000 response investigation.
(Justice of the Peace (Qual.)/ (Signature of police officer Commissioner for Dec1arations's signature) preparing stltement) QP 0125 Statement of Witness Page 16 of33 CONIINUED STATEMENT OF: ISHERWOOD, David Richard
On Wednesday 11 May 2011 the Task Force was provided with 000 calls from Telstra relating to deceased or missing persons. These calls were then reviewed, where it was identified that the call relating to deceased event ofKEEP, MAGNER and RADKE had not been obtained. Supplementary Fonn l's were completed on 17 May 20 I 0 for with the coroner issuing form 25 's on 18 May 2011. All calls received where transcn'bed.
On the 11 May 2011 I commenced an ove1'11iew of investigations conducted by the Emergency Response Team. I had regular discussions with Detective Senior Constable BEBAN, the team leader of the Emergency Response CeU and where necessary requested further information be obtained.
On Tuesday 24 May 2011 I had discussions with Detective Superintendent SHEPP ARD with respect to emergency response and what is required to be presented to the coroner. Detective Superintendent SHEPP ARD advised me that he required the examination of 000 calls for assistance relating to deceased or missing persons, emergency services personnel available to be deployed at the time of calls for service and outcomes to response.
On Monday 30 May 2011 I had a telephone conversation with Acting Inspector Jim Mc DONALD relating to his duties as over viewing Commissioned Officer at Toowoomba Police Communications Centre on 10 January 2011. During my conversation with Acting Inspector Jim Mc DONALD I discussed information that
he provided in his statement to the Flood Commission of Inquiry which he confirmed accurately reflects occurrences as they occurred on that day.
I now produce a copy of that statement.
On Tuesday 31 May 2011 I attended the Toowoomba District Office and had discussions with Acting Inspector Jim Mc DONALD in person regarding how he recorded the events that occmrcd relating to duties as over viewing Commissioned Officer at Toowoomba Police Communications Centre on l 0 January 2011. Acting
(Justice of the Peace (Qual)' (Signature of police officer Commissioner for Dcclarations's signature) preparing statement) QP O125 Statement of Witness Page 17 of33 CONTINUED STATEMENT OF: ISHERWOOD, David Richard
Inspector Jim Mc DONALD stated 1hat he made notes and that these notes and his recollections on that day were accurately recorded in the 'Running Sheet for Toowoomba Operation 2010 and 2011,.
On the 7 June 2011 I attended the Toowoomba District Office and obtained a copy of the 'Running Sheet for Toowoomba Operation 2010 and 2011 '.
I now produce a copy of that 'Running Sheet for Toowoomba Operation 2010 and 2011'.
On Wednesday 8 June 2011 as a result of a request to Toowoomba Police Communications Centre I obtained a copy of an IMS Job Log for confirmation of the time of the call for service being attended to by Col18tables HANCOCK and JOHNSON. I noted the time of the call as 4.11 p.m.
On Wednesday 8 June 2011 I had a telq>hone conversation with Fiona BANWELL, a Legal Officer, from th.e Department of Community Safety who advised that the Queensland Fire and Rescue material required through Form 25 notices "Requirement by the Coroner for Information' was available for collection. On the
afternoon of Thursday 9 June 2011 the material was collected from Department of Community Safety office at Kedron in Brisbane. The material received from the
Queensland Fire and Rescue Service had been edited by that Service into deceased event packages and contained material relating to those events. I then conducted a review ofthis material and as a resuh ofthis review it was established that the material supplied did not contain any information relating to the PERRY incident On Friday 10 June 2011 I had a telephone conversation with Fiona BANWELL and discussed that the material relating to PERRY had not been included in the package supplied. On Wednesday 15 June 2011 the material relating to PERRY was received
(Justice of the Peace (Qual.)I (Signature of police officer Commissioner for Declaration 111s sigrurture) preparing ltalwlent) QP 0125 Statement ofW'itoess Page 18 of33 CONTINUED STATEMENT OF: ISHERWOOD, David Richard
On Wedn~y 22 June 2011 I telephoned Ailsa MULLINS, Queensland Ambulance Service Toowoomba Communications Centre Manager to confirm infonnation contained in the material provided by Queensland Fi.re and Rescue Service relating to 000 calls received by Queensland Ambulance Service and identified as relating to missing or deceased person even.18. On 28 June 2011 I had further conversations with Ailsa MULLINS, who advised me that the Queensland Ambulance Service did in fact receive 000 calls relating to a rescue response during the flood event. I was further advised that these calls for service were actioned by immediately forwarding such request for assistance the Queensland Fire and Rescue Service. I was further advised that the Queensland Ambulanc.e Service did not directly attend to these calls for service.
On Friday the 24 June 20 I I I telephoned Fiona BANWELL and had a conversation with her regarding issues I had identified whilst reviewing material received from the Queensland Fire and Rescue Servic.e. One issue related to an F.SCAD Incident Report relating to the MATIHEWS incident that had not been received. The other
issue related to terminology utilised in ESCAD Incident Reports which frequently referred to 'Multi-Agency QAS incident' and also '(Page) Pispatch page to unit'.
As a result of this telephone conversation that day I received the ESCAD Incident Report QFJ-11-002742 relating to MA1THEWS. I was also provided with a copy of
a statement prepared by OlCIUl Andrew WAL.KE~ Executive Director, Information and Communication Systems. Queensland Fire Servic.e.
I refer to thb statement which adduces evidence that ESCAD is a joint system used by both Queensland Fire and Rescue Service and Queensland Ambulance Service and facilitates the use of 'associat.ed incidents'. The system is :further described by WALKER "this function allows both QAS and QFRS to share a single incident ...... cutting dawn the need to manually relay incident details between the two sel'Vices". I also refer to WALKER's statement which outlines the "different - mechanism to alert Fire and Rescue crews to the need to respond to an incident" and -·e witnesses description the paging system.
- - ~ ) (Justice of the Peace (Qual.)/ (Signature of police officer Commissioner for Dec1anltions's signature) preparing staarment) QP 01 25 Statement of Watness Pqe 19 of33 CONTINUED STATEMENT OF: ISHERWOOD, David Richard
During the course of the investigation undertaken by Task Force Galaxy I had regular liaisons with Inspector Gerry WALTON and Senior Sergeant Ken COLLIN and other officers from Ethical Standards Command. The issue ofpolicing respome was discussed and I noted that their outcomes bad drawn similar conclusions with respect to the policing response which was available on the
afternoon ofthe 10 January 2011. I also had liaisons with Inspector Matthew ROSEVEAR of Ethical Standards Command who had produced a visual presentation of first response policing units available to attend to. calls for service in Toowoomba. Whilst this presentation was specifically produced in relation to the
RICE incident, I can confirm that it accurately reflects first response units available to attend to calls for service in the Toowoomba area, especially between the cmcial
times of 12.58 p.m. and l.50 p.m. Whereby, at that later point in time accessibility
by road east ofthe Toowoomba range 'Ml! not possible.
I now produce the power point presentation.
The overview I have conducted in relation to Emergency Response has encompassed a review ofall material which was then captured in a spreadsheet that was utilised by the Emergency Response Cell, and was in fact the cells 'working papers'. This document includes all 000 calls made by deceased or missing persons or calls relating to deceased or missing persons which required an emergency service response from interception of the call from Telstra to being forwarded to the particular Emergency Service. The spreadsheet also includes telephone calls between Emergency Services and all Emergency Service radio transmissions.
The spreadsheet also includes information from the Queensland Police Service Information Management System and Computer Aided Dispatch system and Queensland Fire Service ESCAD Incident Reports which outlines what response was provided by each Service.
OusticeofthePeace(QuaLY {Sfgrudure of police officer Commls&oncr for Declarationa'a signature) preparing statement) QP 012S Statement of Witness Page20of33 CONTINUED STATEMENT OF: ISHERWOOD, David Richard
Information was also included which was identified in statements of witnesses or were necessary statements were obtained specifically for the purpose of addressing Emergency Response.
The "working papers' spreadsheet also includes information that was captured in individual time line spreadsheets relating to the incident at James and Kitchener Streets, Range road closures and air support.
I now produce this spreadsheet.
The infonnation contained in this spreadsheet is the result of investigations conducted specifically relating t.o Emergency Response to 000 calls where evidence based out.com.es have been achieved.
Investigations have established that from a policing petspecti'\te there was one Toowoomba Station first response tmit car 211 available to attend to calls for service
at the actual tune the flooding occurred in Toowoomba. This unit was also the only first response unit available to attend to calls for service in the Spring Bluff, Postinans Ridge and Murphys Creek when the flood event occurred due to the Helidon car 269 attending t.o a flood related call for service outside ofthe division. There was one Gatton Station first response unit car 264 available to attend to calls for service at the actual time the flooding occurred in the Helidon and Grantham areas.
I have identified from the infonnation provided by the Queensland Fire and Rescue Service that they had six units available in Toowoomba to respond to calls for service 312 Bravo (foowoomba), 313 Alpha (Pittsworth) 313 Zulu (Pittsworth)t 317 Alpha (Highficlds), 311 Yankee (foowoomba) and 311 Kilo (foowoomba). Three units were dispatched to the incident at James and Kitchener Streets Units 317Alpha, 311 Yankee and 311 Kilo. At the time ofthe flood event at Spring Bluff, Mwphys Creek, Postmans Ridge, He1idon and Grantham twelve Queensland Fire and Rescue Service response units were activated to attend to calls for service. These units were
(Witness's signatUre) (Justice of the Peace (Qual.)/ (SignatuM of police officer Commissioner for Dectamioos's signature) preparing statement) QP 0125 Statement of Witness Page21 of33 CONTINUED STATEMENT OF: ISHERWOOD, David Richard
identified- as Helidon 678 Alpha, Gatton 677 Echo. Laidley 675Alpha, 675 Echo, 675 Yankee, Forrest Hill 676 Alpha, Bundamba 643 Alpha, Rosewood 673 Alpha, Ipswich 645 Mike, Cannon Hill 850 Lima and Hattonvale Rural Fire units 52 and 53.
Investigations conducted have established that the capacity of Emergency Services to respond to call for service was severely effected by their inability to attend the required location due to lack of accessibility. There is clear evidence that vehicular access to the Lockyer Valley from both Toowoomba east down the range and Gatton west was not possible once the actual flood event had occWTed at each location.
I refer to the statement of Karen Gai Mary ROSE who de&.":ri.bed a landslide which completely covers both the cast and west bound lanes of Murphys Creek Road. As a result of the timings provided in her statement and as result of my knowledge of the area this event occurs at about 1.20 p.m at Ballard making vehicular movement impossible.
I also refer to the statement of Russell Peter ANDERSON who firmly establishes that at about 1.SOp.m. vehicular access east is not possible due to severe flooding on the Warrego Highway at the bottom of the Toowoomba range before the township of Withcott. This location remains impassable until the flood waters receded at about 3.15p.m .. ANDERSON also provides confirmation that the Warrego Highway west at the Toowoomba range is impassable until about 5.50p.m ..
I also refer to the statements of Wendy WARHURST, Fire Officer Mark John HADDOW and Adam VAN-GENDEREN of the Traffic Management Centre, Department of Main Roads, Toowoomba who establishes that at sometime between the times of l .30p.m. and 2.30 p.m. both the down and up range sections of the Warrego Highway become impassable due to rock and landslides. The roadway is
officially closed to traffic between 3 p.m. and 3.30p.m.. The roadway is ~opened to Emergency Service vehicles from 5.15p.m ..
(Justice of the Peace (Qual.)/ (Signature of police officer Commissioner for Declarations's signature) preparing statement) QP 0125 Statement ofW11ness Page22 of33 CONTINUED STATEMBNT OF: ISHERWOOD, David Richard
I refer to the statement of Mark HADDOW, Fire Officer, who at l.SOp.m. observes flood wat.ers causing the closure of Margaret Street, Toowoomba near the intersection ofBurstow Street. HADDOW's statement supports my observations of that day which evidences the continued intensity of the flooding in East Creek which made vehicular access east of Toowoomba from Toowoomba City impossible.
I also refer to the statement of Graeme KELLY who at about 2.55p.m. establishes that the Warrego Highway is impassable both west and east at Lockyer Creek, Helidon due to floodwaters.Whilst there is evidence that one Queensland Police Service vehicle and a nwnber of Queensland Fire and Rescue Service units were located between Helidon and Withcott with the later actually travelling into the Postmans Ridge area, access to locations for aU1s for service in the Spring Bluff, Murpbys Creek and Postmans Ridge areas were not possible due to flooding.
I refer to the statement of fire officer Gregory Bruce MULLINS who is in the first Queensland Fire and Rescue Service response unit in that area 678 Alpha tHelidon) who firmly establishes that 1.30 p.m. Murphys Creek Road to both Murphys Creek and Postmans Ridge is impassable due to flooding.
I also refer to the statement of Constable Leigh HANCOCK, Gatton Unit 264 who is detailed a 'Code 2' call for service to the Grantham area by Toowoomba Police Communications Centre. Investigations have e.stablished that this call for service was detailed at 4.11 p.m. and that all roads to Grantham were impassable due to flood waters, including the Warrego Highway, Gatton Helidon Road and Philps Road. Further confirmation ofthe vehicular inaccessibility into the Grantham is evidenced by Queensland Fire and Rescue Service radio transmiwons of Rural Fire Units Hattonvale 51 and 52 at 4.0lp.m. as a result of a direct radio transmission call from Danny MAGUIRE in Grantham Rural Fire Unit 51 .
(Justice ofthe Peace (Qual.)/ (Signature ofpollcc officer Commissioner for Declaration.s's signature) preparing statement) QP 0125 Statement ofWitne" Page 23 of33 CONTINUED STATEMENT OF: ISHERWOOD. DllVid Richard
Investigations have clearly established that the only method of attending to calls for service requesting assistance due to flooding was through the utilisation of aerial support.
I refer to the statement of Senior Sergeant Jim McDONALD and in
particular the 'Running Sheet for Operation Toowoomba DDC and DDCC 2010- 2011' which indicates that the first call to facilitate such assistance was at 2.11 p.m.
to both Fmergency Management Queensland and Careflight Subsequent calls requesting helicopter assistance were made directly to providers at 2.35p.m, 3.05 p.m. and 3.36p.m.. Advice was received that the Emergency Service Queensland
Helicopter was attending a matter in Kilcoy with Carcfligh.t unable to attend due to weather conditions. Advice was received at 3.37 p.m. by Senior Sergeant Jim
McDONALD from the State Disaster Coordination Centre that 2 helicopters from New South Wales had been tasked and that their estimated time of arrival of 4 .30p.m.. At 4.10 p.m. an urgent request for assistance for helicopter support was
forwarded to the State Disaster Coordination Centre, with further follow up requests made at 4.33 p.m. and 4.38 p.m .. Investigations have subsequently established th.at as a result ofrequests for aerial support the New South Wales Rural Fire Service
contracted helicopter, Helitek 220 was the first aerial support response, departing Coolangarta airport at 3.48p.m. and arriving at Helidon at 4.59 p.m. The Emergency Management Queensland Helicopter Rescue 500 responded departing Archerfield at 4.28p.m., arriving at Grantham at 4.48 p.m.
I refer to the atatements of Mark KEMPTON, helicopter pilot of Rescue 500 and Tun NORRIE of Helitek 220 who support the evidence of Senior Sergeant Jim McDONALD relating aerial response.
As a result of an analytical review I conducted of the material contained in the "Working Paper' spreadsheet an overarching spreadsheet was produced which !early identifies what the response was to any 000 call about a specific deceased
~....-.·Ln progress'.
(Justice of the Peace (Qua!.)/ (Signature of police officer Commissioner for Declarations's signature) preparing saatanent) QP 0125 StatementofWitnees Page 24 of33 CONTINUED STATEMENT OF: ISHERWOOD, David Richard
I now produce this spreadsheet.
The 000 calls for service are in chonological order from the first call received relating to a missing or deceased persons event at 1.31 p.m. on 10 Janamy 2011 at Spring Bluff, then follows through to calls relating to other deceased or missing persons events at Toowoomba, Postmans Ridge. Mwphys Creek, Withcott,
Grantham. The last call relating to a call for assistance at 7.45 a.rn. on 11 January 2011 which resulted in a loss of life at Minden.
I now produce the recordinga of each of these 000 cans and the transcirpts of each call.
I refer to 000 spreadsheet and six 000 calls relating to deceased Sandra and Steven MATI'HEWS. The first 000 call relating to this incident is received at
1.31 p.m. at the Police Communications Centre Toowoomba from an unknown caller, who is believed to be Sandra MAITHEWS a resident of - Spring Bluff who says '"Were flooding were going to go under". Further information was obtained from the caller 'With the operator indicating to the caller to get to higher growid or on the roof. The Communications Centre operator recorded the details on the Incident Management System, a job card was created, 1595 refers. Investigations have established that Queensland Fire and Rescue Service were notified at 1.39p.m. with the operator at 1.40p.m creating an 'Incident Detail Report'
QF3-11-002741 dispatching Unit 317Alpba (Highfields) by pager. At 1.45 p.m. Unit 317Alapha is diverted from this incident to another call for service, with Unit 635Kilo (Beenleigb) then assigned and at 1.39 p.m., with the job to this unit being
cancelled and then ~ assigned to 677 Alpha (Helidon) unit at 2.07 p.m.. Investigations have clearly established that the location was inaccessible by vehicle. A further five 000 calls arc received in relation to this incident, however at the time of these calls both Sandra and Steven MA ITHEWS ere missing presumed deceased.
(Witness's signature) (Justice of1he Peace (Qual.)/ (Signature of poli<:e officer Commissioner for Declarations's signature) prcparina statement) QP 012.S Statement of Witness Pa&e 25 of33 CONTINUED STATEMENT OF: ISHERWOOD, David Richard
I refer to 000 spreadsheet and the eight 000 calls relating to the deceued Donna and Jordon RICE. The first 000 call relating to this incident is received at 1.38p.m. at the Police Communications Centre Toowoomba from Donna RICE who says "corner James and Jatchener Street, I'm trapped and the waters just about ready to come up the door'. The Communications Centre operator discusses the incident with the caller who actually requests a tow truck. The operator records the
details on 'Incident Management System' job log 1605, the call is then ~sed as requiring a non-urgent response with a police unit not dispatched at this time. At 1.57 p.m. a further 000 call is received at the Queensland Fire and Rescue Service
Comoumications Centre from Jordon RICE who is hysterical and requesting assistance who says 'is in floodwaters, water coming into the car". This call for service is entered on the ESCAD 'Incident Detail Report, QF3-l l-002759 at 1.58 p.m. with radio communications confirming that writs 317Alpha (Higbfields) is dispatched at 2.03 p.m. and unit 311 Yenkee (Toowoomba) at 2.04p.m. with this unit arriving at the location at 2.17 p.m.. A review conducted ofFire Comms radio transmissions revealed that units attempting to attend the incident locations experienced difficulties due to flooding. Investigations identified a further six 000 calls are received that can be associated with this incident. As a resalt of one ofthese 000 calls received et the Police Communications Centre Toowoomba at 2.12 p.m. from an Anthony KLEIDON. police unit 211 (foowoomba) is directed to attend "Code 2" arriving at the location at 2. l 4p.m. Evidence obtained during the investigation has established that by 2.13 p.m. both Donna and Jordon RICE had
been swept away by the flood waters end were mi~ing presumed deceased prior to the anival ofthe first response police and fire units.
I refer to 000 spreadlheet and two 000 calls relating to the deceased Sylvia BAILLIE. The first 000 call relating to this incident is received at 2.13p.m. at the Police Communications Centre Ipswich by Helen NEIGHBOUR who states "there's a lady in a house, ostmans Ridge .... the house is going''.
(Witness's signatwe) (Justice of1he Peace (Qual.)I (Signature of police officer Commissioner for Decluations's signature) preparin& statement) QP 0125 S1atemcDt of Witness Page26 of33 CONTINUED STATEMENT OF: ISHERWOOD, David Richard
Whilst the operator is obtaining information the caller states "the house is gone with the lady in it". Investigations have established that Sylvia BAILLIB was swept away by flood waters whilst Helen NEIGHBOUR was making the 000 call. Investigations have established that Police Communications Centre Ipswich recorded the details on an 'Incident Management System' job log1939 and then contact Queensland Fire and Rescue Communications Centre at 2.18 p.m., this call for service is entered on the ESCAD 'Incident Detail Report' QF6-1 l-002797 refers. Units ere dispatched by Fire Comm.sat 2.22 p.m. with units 675 Yankee, 675 Alpha., 675 Echo all Laidley units and 645Mike (Ipswich) to attend the location.
Investigations have fumly established that the location was inaccessible by vehicle and that a response was not an issue as Sylvia BAIWE was missing presumed deceased e.t the time of the first 000 call. A further 000 ce.ll was received Police Communications Centre at 3.49 p.m. from a Marie EDGE however this call was well after the event.
I refer to 000 spreadsheet and two 000 calls relating to the deceased Bruce WARHURST which were received after the event had occurred. The first of 000 call was received 2.33 p.m. at the Police Communications Centre Toowoomba from Ann STRAHLEY of Postmans Ridge. This call for service Postmans Ridge, however during the conversation with the communications operator, STRAHLEY states, "our neighbour across the creek, their house has just washed down Rocky Creek". Investigations have established that the house referred to is the residence of Bruce WARHURST at Postmans Ridge with this information not provided at the time to the operator. At 4.38 p.m. Police Communications Centre Toowoomba acrually identify the address relating to this call for service with Police Communications Centre Toowoomba then contacting the Queensland Fire and Rescue Communications Centre and relay the information. Investigations have
firmly established that emergency response was not an issue with respect to this incident for at the time the first call was received Bruce WARHURST was missing presumed deceased. The second 000 call is received by Toowoomba Police
(Justice of the Peace (Qual.)/ (Signature ofpolice officer Commissioner for Declarations's signature) preparing statement) QP 012S Statmnent of Witness Page27 of33 CONTINUED STATEMENT OF: ISHERWOOD, David Richard
Communications Centre at 727 p.m. from Paul WARHURST well after the loss of life event.
I refer to 000 spreadsheet and four 000 calls relating to the deceased Selwyn and Katie SCHEFFE all which were received aft.er the event had occurred. The first 000 call was received by Ipswich Police Communications Centre at 2.50p.m. from Colin Thomas who stated "Jjust want to report they my neighbours house has
justfloated by. I see there car upside down in a tree and I don't knew what has happened to them ' ', further information is then obtained by the operator. Investigations have established that the operator records the details and an e mail is sent to Toowoomba Police Communications Centre where an 'Incident Management System' job log 1686 is created. The rcmainiog three 000 calls received at the Toowoomba Police Communications Centre with no record of a recorded response to these calls for service. However, investigations have firmly established that despite the lack of recorded response there was no possibility of an emergency service response as the location was inaccessible by vehicle due to the flood event.
I refer to 000 spreadsheet and three 000 calls relating to the missing penon presumed deceased James PERRY. The first 000 call is received by Queensland Fire and Rescue Communications Centre at 3.07 p.m. from Peter WHfITAKER who stated, "I'm at Helidon on the Wa"ego Highway ... the Lockyer Creek has just come over the bridge there ...... Yeah one ofyour trucks ls.lust coming. Um a vehicle has been swept offthe highway". Further information is then obtained from the caller by the operator. Investigations have established that at the time of this call a Queensland Fire and Rescue Service unit 676 Alpha (Forrest Hill) was near the location and attended the call for service being on the Warrego Highway the western side of Lockyer Creek which was impassable due to the flooding. Queensland Fire and Rescue Service 'Incident Detail Report' QF6-1 l-002806 indicates that unit 676
Alpha (Forrest Hill) at that location at 3.10 p.m.. Investigations have further e.5tablished that Queensland Fiie and Rescue Service unit 850Lim.a. (Cannon Hill Swift Water Rescue) also attended the call for service arriving at 3.31 p.m. on the side of Lockyer Creek. At 3.14 p.m. a second 000 call was received at
(Iustice of the Peace (Qual.)I (Signatme of police officer Commissioner for De<;Jarations's signature) preparing statement) QP 0125 Statement of Witness Page28of33 CONTINUED STATEMENT OF: ISHERWOOD, David Richard
Police Communications Centre, Brisbane where the infonnation provided by the caller was recorded by the operator on the Brisbane based 'Computer Aided Dispatch' system with the information being forwarded to the Police Communications Centre, Toowoomba at 3.25p.m.. The third 000 call relating to
the incident was received at the Police Communications Ce~ Toowoomba at 3.28 p.m. with no record ofthe information being recorded or policing response provided.. Investigations have clearly established that a timely response was provided by Queens.land Fire and Rescue Service within minutes of the first call for service. Investigations have established 1hat whilst there was no evidence of a policing response to calls for service the actual location was in fact not accessible by vehicle.
I refer to 000 spreadsheet and two 000 calls relating to the deceased Llync CLARK-JIBSON, Jocelyn and Gary JIBSON. The first 000 call was received by Police Communications Centre, Toowoomba at 4.1 Sp.m. the caller stated, "Hi Jt's Danny MAGUIRE.from Grantham Rurals, I've got Grantham truck with 3 young /dds and two adults> stuck on Gatton Helidon Road. trying to get assistance, get airlifted out, cause it ah coming up to the bu/bar. I've got no power left in the truck". further information is then obtained by the operator. Investigations have established the operator recorded the details on the 'Incident Management System' and created a job log 1778 refers. The second 000 call is also ma.de to Police Communications Centre, Toowoomba. at 4.21 p.m., the caller stated "Yeah. its Danny MAGURIE again Listen I'm taking water in this truck like anything". Investigations have established that the Police Communications Centre, Toowoomba
was aware that helicopters were not in a position to attend to calls for service and contacted the Queensland Fire and Rescue Service Communications Centre. This
centre advised that Hattonvale Rural Fi.re units 52 and 53 were attending as a result of direct contact from MAGURIE via radio. Due to other calls for service in that area unit 643Alhpa is also dispatched and advise Fire Comms at 4.24 p.m. "unable to get through". Investigations have established that a policing and fire service response to these calls for service was not possible as the location was inaccessible · le and that helicopters were not in a position to attend to this call for service.
(Justice ofthe Peace (Qual.)/ (Signature of police officer Commissioner fur Declarations's signature) preparing statement) QP 0125 Statement of Witness Page29 of33 CONTINUED STATEMENT OF: ISHERWOOD. David Richard
I refer to 000 1preadsheet and two 000 calls relating to the deceased Bruce MARSHALL. The first 000 call is received at Police Communfoations Centre, Ipswich at 4.12p.m. from Bruce MARSHALL who stated, "Yes I'm at Grantham at and ah, the water is up to, um up to my waist and I'm in a house, and I'm pretty well trapped here, I was wo1Jderiltg Ifsomebody can come and get me ", further information is then obtained b}' the operator. Investigations
have established the operator recorded the details on the "Incident Management System• and created a job log, 1718 refers. An operator from Ipswich Police Communications contacted Toowoomba Police Commwtlcations at4.16 p.m. however there is no record of a response being recorded. Investigations have firmly established that a policing or fire service response to this call for service was not possible as the location was inaccessible by vehicle and that helicopters were not in a position to attend to this cell for service at this time. The second 000 call was received at 6.11 p.m. at the Police Communications Centre, Toowoomba from Peter MARSHALL with investigations establishing that at the time of this call Bruce MARSHALL was presumed deceased.
I refer to 000 spreadsheet and a single 000 call received at Police Communications Centre, Toowoomba at 4.27 p.m. relating to the deeeued Joshua and Brenda ROS.S and missing penon presumed deceaaed Christopher FACE. The call is made by Brenda ROSS who stated " ...I live at Grantham and our Fwuse has just gone underwater. I'm still in the bedroom with water ltk£ up to my knees", further information is then obtained by the operator, who indicates to the caller to get to higher ground or on the roof. Investigations have established the operator recorded the details on the 'Incident Management System' and created a job log, 1792 refers, with no record of a response recorded. Investigations have clearly established, at the time of the 000 call a policing or fire service response was not possible as the location was inaccessible by vehicle and that helicopters were not in a position to attend to this call for service.
(Justice of the Peace (Qual.)I (Signature ofpo lice officer Commission.er for Declarations's signatnre) preparing statement) QP 0125 Statement of Witness Page JO of33 CONTINUED STATEMENT OF: ISHERWOOD, David Richard
I refer to 000 spreadsheet and three 000 calls relating to the deceased Pauline MAGNER, Jessica KEEP and missing penon presumed deceased Dawn RADKE. The .first 000 call was received at the Police Communications Centre, Brisbane at 4.36 p.m. from Matthew KEEP who says "Somebody come to Grantham,
pl~e .. .. There's people on the'lr roofs, I've lost me son, there's a metre and a half through my house. I can't get back. I'm down on another roof'. Further information is obtained by the operator and it is ascertained that the caller's child, mother and mother in law have been taken by the flood waters. Investigations have est;ablished that the information was recorded on the ' Computer Aided Dispatch' system operated by Brisbane Police Comnnmications at 4.41 p.m. with job log 946 created. The infonnation was telephoned through to Toowoomba Police
Communications Centre at 5.03p.m with no record of a ~ponse being recorded. Investigations have clearly established that at the time of the 000 call a policing or fire service response was not possible as the location was inaccessible by vehicle and that helicopters were not in a position to attend to this call for service. The second and third 000 calls were received at the Police Communications Centre Toowoomba at 5.09 p.m. and 6.08 p.m .. Investigations have also clearly established that at the time of these calls and also the first 000 cal.I, Pauline MAGNERJ Jessica KEEP and Dawn RADKE were missing presumed deceased.
I refer to 000 spreacbbeet and two 000 calls relating to the deceased Jean GURR. Both 000 calls were received at the Police Commwiications Centre Toowoomba, the first call at 5.09 p.m. and the second at 7.22 p.m. and were made by Andrew GURR inquiring about the well being of bis mother. Investigations have established the operator recorded the details on the •incident Management System' and created a job log, 1836 refers. Investigations have clearly established that the two calls were made post the actual flood event and that Jean GURR was presumed deceased.
I refer to 000 spreadsheet and one 000 call received at the Police Commwrications Centre Toowoomba at S.33p.m. relating to the deceased Reinskje DER WERFF. Investigations have established that the 000 call was made y Claire BIRCHLEY who stated. "Hello, ah, I have a lady and four children caught
(1umc:c of the Peace (Qual)I (Slgnarure ofpolke officer Commissioner for Declarations's signature) preparing statement) QP 0125 Statement of Witness Page31 of33 CONTINUED STATEMENT OF: ISHERWOOD. David Richard
on the roofof a house at Grantham". The police communications operators obtains further information relating to this call, where BIR.CLEY provides further infonnation and stated "There is also an elderly lady, a grandmother who cou/dn 't
make it onto the roof. she caught in t~ house and there is no resporzse from her". Investigations have established that there is no record of a response to this actual 000 call. Investigations have however established from material provided by the Queensland Fire and Rescue Service that a telephone call was received to their Communications Centre from Queensland Ambulance Service at 4.34 p.m. relating to a call for service at relating to a grandmother stuck in a house as flood waters rising fast, four children and an adult stuck on the roof. Investigations have further established that et the time the unit 675 Alpha (Laidley) is
dispatched to the location at 4.38p.m. a response was not po~ible as the location was inaccessible by vehicle and that helicopters were not in a position to attend to this call for service at that time. Investigations have also established that at the time of the calls for service Reinskje VAN DER WERFF was presumed deceased.
I refer to 000 spreadsheet and a two 000 call received relating to the deceased Jesse Joshua WICKMAN. The first 000 call was received at the Police Communications Centn; Ipswich at 7.45 a.m. on Tuesday 11 January 2011 from Brian WICKMAN who stated "I'm stuck in flood waters out front ofMlrulm Schoof', the police operator obtains further information and records the details on an •Jncident Management System' job log, 1872 refers. As a result ofthis call for service police unit 901 Ipswich Traffic Unit and an officer from Lowood Unit 286 in the company of Fire unit 674 Victor are dispatched, with Queensland Fire and Rescue Comml.Ulications Centre being contacted at 7.58 a.m.. Investigations have established that at the time of this call Queensland Fire and Rescue Communications Centre had already received a 000 call at 7.48 a.m. relating to the incident and recorded on 'Incident Detail Report' QF6-11-003215' with unit 645 Mike (Ipswich)
immediately dispatched and aniving at the location at 7.55a.m .. Investigations have established that the response provided by Queensland Fire and Rescue Service unit 645 Mike was timely wider the circumstances. The flood event th.at occurred on that da everely impacted on other response units dispatched to attend. Police Service
(Justice of the Peace (Qual.)I (Signature of police officer Commissioner fur DeclaratJons's signature) preparing statement) QP 0125 Statement ofW~s Page 32 of 33 CONTINUED STATEMENT OF: ISHERWOOD, David Richard
Units 901 and 286 and Fire Service unit 674 Victor were unable access the location due to flooding to the east, north and south ofthe incident.
I refer to emergency response investigations conducted into the deceased events of Robert BROMAOE, Robert KELLY and Van GIANG. Investigations into these deceased events have identified that no 000 calls were received which required m emergency service response.
I have personally supervised all investigations conducted and reviewed all the material obtained during the course of investigations into emergency services response to 000 calls for service. The outcomes from these investigations are based on Queensland Police Service material which has been scrutinised to ensure accuracy of all infonnation. The outcomes relating to the material supplied by the Queensland Fire and Rescue Service are based on the material wholly supplied by that service which bas not been scrutinised any further at this time and as such the quantum and accuracy of the data provided cannot be guaranteed.
DR ISHERWOOD Detective Inspector
llUdW Att 1886
J adaiowkdsc by virtue ofscc.tion II OA(6C}(c) of the Justicm Aot 1386 that
(I) This writtm siatic:rnent bymc dated mn.ou and coinlned in the pages numbered 1to33 ill truototho best ofmykaawtcd&e and belier: Ind
...... - ...... Slpture
(Witness's signature) (Justice of the Peace (Qua!.)/ (Sign.rure of police officer Commissioner for Declarations's sianature) preparing statemeot) QP 012S Sta1ement of Witness PBge 33 of33 Commissions ofInquiry Act 1950 (Qld)
IN THE MATTER OF THE GRANTHAM FLOODS COMMISSION OF INQUIRY
CERTIFICATE OF EXIIlBIT
Exhibit DRI-2 to the affidavit of David John Isherwood sworn 17th June 2015:
Sworn by David John Isherwood on 1?fhJune2015 at Brisbane in the presence of:
~~ .-i:}t~ Page 1 Certificate of exhibit of David Richard GR Cooper Isherwood CROWN SOLICITOR 11th Floor, State Law Building Filed on behalf of the State of Queensland 50 Ann Street Form 46 R. 431, Brisbane Qld 4000 Per Paul Lack Telephone 07 3239 3584 LT5/PRE052/2093/LAP Facsimile 07 3239 6272 Exhibit DRl-2 • ~.,~~12 QUEENSLAND POLICE SERVICE ~ .. ~, ... STATEMENT OF WITNESS QUW 'AJ.4"" Statement no.: Date: 07/07/2011 ------~ Statement of Name of witness: SHEPPARD, John Dace of birth: Age: _ _ _ Occupation: Detective Superintendent Police officer taking statement Name: SHEPPARD , John Rank: Detective Superintendent Reg. no.: --3358------Region/Command/Division: State Crime Station: Operations Statement: I am a Detective Superintendent of police attached to State Crime Operations Command. On the Monday 10th January 2011, I was performing duties in the role as the Detective Superintendent in charge of the Homicide Group. That evening I became aware of significant flooding in the Toowoomba and Lockyer Valley area that had involved some loss of life. These locations are within the Southern (Police) Region. Later that evening I was contacted by the Detective Chief Superintendent State Crime Operations and advised that as a result of a request from Southern Region homicide officers were to be deployed to Toowoomba to provide ass~'tance in respect of the subsequent investigations that would be required regarding the fatalities. It bad been determined that the investigation conducted into the circumstances surrounding the loss of life would be a joint investigation by State Crime and the Southern Region. This was later formalised by the establishment of a joint task force, Task Force Galaxy for this purpose. I was appointed the head of this Task (Witnes (Justice of the Peace (Qual.)/ (Signature of polfoc officer Commissioner for Declaratioos's signature) preparing statement) QP 0125 Statement of Witness Page 1 of9 CONTINUED STATEMENT OF: SHEPPARD, John As circumstances developed, the deployment of these investigators proved only part of a significant QPS response to support Southern Region. The flooding seriously impacted on access to the region with most support having to be airlifted in by ADF helicopters. As it eventuated, flying conditions and more immediate priorities precluded the deployment of staff until Wednesday 12th January. By the 12th it was evident that there had been multiple loss of life associated with the flash flooding in Toowoomba and the Lockyer Valley between the range and Grantham. In the circumstances it was decided to approach the State Coroner and determine whether he wanted to deploy with investigators to talce the opportunity to gain a situational appreciation ofthe flooding and the damage that bad been caused. The State Coroner and I, together with a team of Homicide investigators were airlifted into Toowoomba arriving around midday on the 12th. On arrival we were provided with a briefing by staff attached to the Major Incident Room and the Assistant Commissioner, Assistant Commissioner Gollschewski. Throughout the course of that afternoon Detective Inspector David Isherwood, the then Regional Crime Coordinator, escorted the State Coroner, myself, and the lead Homicide investigator Detective Acting Inspector Massingham on an inspection of the devastation at Murphys Creek, Postmans Ridge, Withcott, Helidon and Grantham. During that afternoon I discussed with the State Coroner the parameters of the investigations that would be conducted with respect to the fatalities. We agreed that in each instance it would be necessary to look at the evidence available on the circumstances of each of the incidents where persons lost their lives. It was also decided that it would be necessary to inquire into matters regarding what if any warnings had been issued to the community about the flash flooding by authorities; the preparedness, capacity, and performance of the emergency services; and the effectiveness of the disaster management arrangements relevant to this event and ation. (Justice of the Peace (Qua1.)/ (Signature of police officer Commissioner for Declarations's signature) preparing statement) QP 0125 Page 2 of9 CONTINUED STATEMENT OF: SHEPPARD, John It was further agreed that as important as effectively investigating these matters was, that if there was some conflict in priorities with the then cmrent and on going search and recovery operation, then search and recovery would have precedence. At my direction investigators then embedded themselves within the established MIR to provide an effective investigative capability. The deployment had included a specialist officer from the Missing Persons Unit which comes under the management of the Homicide Group, and this officer worked with local staff to collate and coordinate inquiries with regard to persons whom had been reported missing, or who were otherwise unaccounted for in circwnstances where fears were held for their safety. By the 14tlt January the Task Force had established an independent investigative operation running in parallel with the incident command. The operation adopted the ' Major Incident Room' investigative and intelligence structures and case management systems utilised in all homicide investigations and recognised as best practice. As the investigation progressed the structure and strategies adopted were continually reviewed and adjusted to meet priorities and emerging avenues of investigation. A number of investigative strategies were developed and implemented. Firstly it was detennined that where the bodies ofthe deceased were located and recovered, that in each case this was to be treated as a crime scene with appropriate crime scene and forensic process implemented. Adherence to the requisite evidentiary processes regarding identification and post mortem examination and reporting was to be ensured. Initial focus was given to debriefing evacuees and emergency services 'first responders' with a view to identifying those that had information directly related to oss of life. Care was taken to undertake consultation with welfare counsellors perating in the evacuation centres so as to minimise the trawna associated with this (Justice of the Peace (Qua!.)/ (Signature of police officer Commissioner for Declarations's signature) preparing statement) Page3 of9 CONTINUED STATEMENT OF: SHEPPARD, John process. A formal questionnaire was developed in consultation with the State Coroner that was used to identify potential witnesses. Where such witnesses were identified. over the next few days and then the following weeks, formal statements were taken; this process of course identified additional witnesses from whom statements were also taken. Family Liaison officers were appointed to deal with the families of the deceased to ensure that they were kept appropriately informed as to the investigation. It was evident from the outset that there would be significant imagery of the events available, wh.ether it be from expected sources such as the media, or persons using their mobile phone or other cameras, which would provide a much more informed review of the events. A series of strategies were developed to ensure effective capture of such imagery. Statements were obtained in regard to the origins of the imagery. At my direction experts from the Service's photographic section then developed a series of imagery packages of the events so as to provide further insight into what had occmred and the severity of the flooding that had claimed the lives of the deceased. I appointed investigators to liaise with the technicians to ensure that the packages accurately reflected the available evidence. I later appointed Detective Sergeant Marcus Edwards of the Homicide Investigation Unit to undertake final quality assurance in this regard. On 18 January 2011 advice was received from the State Coroner to the effect that he required that all fatalities associated with not only the flash flooding that occmred in Toowoomba and the Lockyer Valley but also the subsequent flood.mg in the upper catchments and reaches of the Brisbane and Bremer Rivers over the period of the lOlb to 17th January 201 1 be dealt with as part of the one investigation and inquest. On Monday 17 January 2011, Queensland Premier Anna Bligh established an pendent Commission of Inquiry to examine the unprecedented flood disaster that (Justice of the Peace (Qual.)/ (Signature of police officer Commissioner for Declarations's signature) preparing statement) Pagc4 of9 CONTrNUED STATEMENT OF: SHEPP ARD, John impacted 70 per cent of the state. The Honorable Justice Catherine Holmes was appointed Commissioner, and Jim O'Sullivan AC and Phillip Cummins were appointed Deputy Commissioners and the commission became commonly known as the 'Queensland Floods Commission of Inquiry' The Terms of Reference for the Inquiry were aimed at providing for an independent and thorough examination of the chain of events leading to the floods, all aspects of the response and the subsequent aftermath of the 2010-11 flood events. Inevitably interpretation and application of the terms of reference saw some overlap with what would have in the usual course of affairs been matters within the Comer's responsibility. I NOW PRODUCE A COPY OF TIIB TERMS OP REFERENCE. With the establishment of the Commission of Inquiry further direction was sought from the State Coroner as to his view as to what impact the Inquiry's terms of reference would have on his responsibilities. The State Coroner provided a documented response in this regard to the Service on 27 January 2011. In that document the State Coroner provided advice end direction on a number of matters including that: - • By virtue of Section 4A of the Commissions ofInquiry Act 1950 his jurisdiction into matters to be examined l.lllder the terms of reference (was) excised; • In so far as his obligations wider Section 45 of the Coroners Act 2003 regarding rum making findings into the death or suspected deaths involved, he envisaged some potential overlap in so far as "how the person diecf'. He felt that this possible conflict would be avoided if he limited his findings to the immediate circumstances of the deaths avoiding how they came about or why they proved fatal; and • He considered that all matters he would normally be entitled to make comment upon in the tenns of Section 46 of the Coroners Act concerning matters of public safety or how deaths in such circumstances might be prevented in the future were covered by the Inquiry's terms of reference and therefore outside his jurisdiction. He specifically identified that his jurisdiction in so far as "critiquing the warnings given . (Justice of the Peace (Qual.)I (Signature of police officer Commissioner for Declarations's signature) preparing statement) Page S of9 I CONTINUED STATEMENT OF: SHEPPARD, John to those impacted by the flood and the response of the emergency services with a view to determining whether the deaths were preventable and or whether such changes to such matters might reduce the likelihood to similar deaths occurring in the future " was extinguished. I NOW PRODUCE A COPY OF THAT LEITER On receipt of the State Coroner's advice the investigation plan was modified accordingly. It was determined that the task force would conduct a comprehensive contextual investigation into the event, and detailed specific investigation into the circumstances of each individual fatality. The investigation clid not extend to examining the adequacy and performance of agencies, including the QPS, involved in responding to the disaster or by virtue of their roles responsible for 'prevention' or 'mitigation'. The investigation did however, aim at providing insight into the emergency services capacity in connection with the event thereby giving necessary context to any response to the specific incidents where lives were lost. Relevant call charge records were examined to identify instances where any of the deceased made emergency ' 000' calls. Furth.er, emergency 000 calls for the relevant period at each of the relevant communication hubs, Toowoomba, Ipswich and Brisbane were examined and any calls identified (on content) made by persons other than the deceased who called to advise of the unfolding emergency involving the deceased, were identified. Audio recordings were recovered and transcripts made of the calls. For completeness the content of the call with the Telstra operator that took part before the caller was passed onto the Police or the Fire Service was also obtained and transcribed. Cont.cxtual data was sought from the Bureau of Meteorology (BoM) including the location, intensity, and amo\lllt of rainfall for the Toowoomba and Lockyer Valley areas in the days leading up to the event and on the afternoon of the I Olh January. Additionally, meteorological infonnation relevant to water level rises in other areas including Minden, Willawong, Karrabin, and Brymaroo where lives were lost was (Justice of the Peace (Qual.)/ (Signature of police officer Commissioner for Dcclarations's signature) preparing stat.cment) QP 0125 Statement of Witness Page 6 of9 CONTINUED STATEMENT OF: SHEPPARD, John also sought as part of the request. BoM was asked to also provide information as to relevant radar imaging and weather alerts issued leading up to and during the event. Mr. Peter Baddiley, BoM's Hydrology Manager for Queensland provided the task force with a statement and an exhaustive report in this regard: - "Rain and flood events of southeast Queensland December 2010 to January 20 11 as requested by investigators ofTask Force Galaxy February 2011" I NOW PRODUCE THAT REPORT Whilst the Coroner determined not to pursue expert hydrologist opinion regarding the dynamics of the flooding, such a report was commissioned by the Commission of Inquiry and tendered as evidence before the Inquiry and is now a matter of public record. This report "Hydrological Advice to the Commission of Inquiry regarding 20100/11 Queensland Floods" was prepared by Dr. Phillip Jordan, Senior Hydrologist, with Sinclair Knight Merz. Dr Jordan subsequently provided a statement to the task force together with a copy of that report (electronic) I NOW PRODUCE A COPY OF THAT REPORT DR Jordan in his report relied in part in a report prepared by a panel of senior hydrologists for the Insurance Council of Australia (ICA) - "The Nature and Causes of Floocling in Toowoomba on 10 January 2011 ". This report is publicly available on the ICA web site I NOW PRODUCE A COPY OF TIIAT REPORT A subsequent report prepared by the same panel provided information relevant to their appreciation of the flooding in the Lockyer Valley: - "The Nature and Causes of Flooding in the Lockyer Valley RC LG~ January 2011". This report is also publicly available. I NOW PRODUCE A COPY OF THAT REPORT As part of the task force operation I appointed two lead investigators, Detective Senior Sergeant McCusker (Southern Region) and Detective Senior Sergeant Castles (Justice of the Peace (Qual.)/ (Signature of police officer Commissioner for Dcclarations's signature) preparing statement) Page 7 of9 CONTINUED STATEMENT OF: SHEPP ARD, John (State Crime). These officers were tasked with coordinating and over viewing the investigation into each of the loss of life events. During the investigation it was identified that a number of the deceased had made 000 calls for assistance. Further, that in a number of those cases and in some additional incidents where there had been no call directly from the deceased other persons had called with concerns. I appointed Detective Inspector Isherwood to undertake examination of the evidence available as to the circumstances and conlent of the calls and the response. Because of matters raised in the course ofthe investigation detective Sergeant Morris of the Southern region was specificalJy tasked with coordinating the investigation of all circumstances surrounding the death of Jesse Wickman at Minden on the 11 tb January. In preparing the report for the Coroner reference was made to a number of statements that were prepared by persons at the request of the Commission of Inquiry. Copies of these statements were duly provided by the Commission. I NOW PRODUCE A COPY OF A STATEMENT UNDER 1HE HAND OF QFRS ASSIST ANT COMMISSIONER BEAUCHAMP I NOW PRODUCE A COPY OF A STATE:tvffiNT UNDER THE HAND OF (THEN) ACTING ASSISTANT COMMISSIONER GRESTY I NOW PRODUCE A COPY OF A STATEMENT UNDER THAND OF MR KENNETH GOULDTHORPE CEO OF TOOWOOMBA COUNCIL I NOW PRODUCE A COPY OF A STATEMENT UNDER THE HAND OF ME STEVEN JONES MAYOR OF Tiffi LOCKYER VALLEY REGIONAL COUNCIL (Justice of the Peace (Qual.y (Signature of police officer Commissioner for Declaration.s's signature) preparing statement) Page 8 of9 CONTINUED STATEMENT OF: SHEPPARD, John AB part of its investigation the Task Force completed in excess of two thousand · e activities, interviewed several hundreds of witnesses, and obtained in tements. Justices Act 1886 I acknowledge by virtue of section 110A{6C)(c) of the Justices Act 1886 that: (1) This written statement by me dated 7 July 2011 and contained in the pages numbered I to 9 is true to the best of my knowledge and belief; and (2) ~o~ that, if it were admitted as evidence, I may be liable to prosecution for sr.ating •l"'~'-"w · false. (Witness's signature) (Justice of the Peace (Qual.)I (Signature of police officer Commissioner for DecJarations's signature) preparing statement) QP 0125 Statement ofWitness Page 9 of9 Commissions ofInquiry Act 1950 (Qld) IN THE MATIER OF THE GRANTHAM FLOODS COMMISSION OF INQUIRY CERTIFICATE OF EXHIBIT Exhibit DRI-3 to the affidavit of David John Isherwood sworn 17th June 2015: Sworn by David John Isherwood on 17th June 2015 at Brisbane in the presence of: -;-;,~ ..; cc - 1~~ , J~ JPf!tl!J; ..to6tB ;~ Deponent Solieitorfnanistet/Justice of the Peace/ -Commi~~ioAet for Declaratioc.s Page 1 Certificate of exhibit of David Richard GR Cooper Isherwood CROWN SOLICITOR 11th Floor, St.ate Law Building Filed on behalf of the St.ate of Queensland 50 Ann Street Form 46 R. 431, Brisbane Qld 4000 Per Paul Lack Telephone 07 3239 3584 LT5 /PRE052/2093/LAP Facsimile 07 3239 6272 Exhibit DRl-3 HOMICIDE GROUP STATE CRIME OPERATIONS COMMAND TASK FORCE GALAXY INVESTIGATION PLAN CORONIAL INVESTIGATION INTO MULTIPLE FATALITlESARJSING FROM FLASH FLOODING ATTOOWOOMBA, MURPHY'S CREEK, POSTMANS RIDGE AND GRANTHAM BACKGROUND 1. At approximately 1330hrs on Monday 1O January 2011 significant rainfall fell into catchment areas feeding East and West Creek, Toowoomba. This rainfall caused rapid swelling of these watercourses within a relatively short period of time which caused flash flooding and torrents of water to flow through these creek systems and several Toowoomba streets. Further to this significant rainfall also occurred throughout the Toowoomba CBD, Toowoomba Range and Lockyer Valley. 2. As a result of this rainfall Withcott, Murphy's Creek, Postmans Ridge and Grantham at the bottom of the Toowoomba range were inundated with waves of water. The force of this water was significant with en1ire houses washed off their foundations and motor vehicles wrapped around trees. It was initially identified that significant loss of life was expected and a request was made for State Crime Operations staff to assist in ensuring the effective operation of the MIR, generally, and specifically with respect to the associated coronial investigation. 3. The immediate need for search and recovery capacity followed by unsuitable weather and ground conditions prevented the deployment of staff until Wednesday 12 January 2011 . By that time a decision had been made that the coronial investigation into these deaths would be undertaken jointly by Southern Region and Homicide (OPM - Level 2 engagement). It was further agreed that the State Coroner would be given the ear1iest possible opportunity to visit the scene and provide advice as to his views and requirements 4. At 10am on Wednesday 12 January 2011 State Crime Operations Staff, including the Detective Superintendent Homicide Group and the State Coroner were airlifted into Toowoomba. 5. The Coroner after receiving a briefing from the MIR was then conveyed to a number of key affected areas in order for him to gain an appreciation of the scale of the incident and the current, as well as proposed, search and recovery operations. PROTECTED 6. To date a number of persons have been confinned as deceased as a result of this incident and serious concerns held for further persons unaccounted for. 7. Initial discussion with the Coroner has determined that he will treat this as an overarching event with the one inquest and address each fatality as a 'chapter' in that event. A comprehensive investigation will be required in order for the Coroner to conduct an inquest into these matters. The operation and investigation of Task Force Galaxy will be confined to this flood event and its consequences, as distinct from the more widespread flooding of the Ipswich and Brisbane areas (Bremer and Brisbane River) that occurred post 1o January 2011 . INVESTIGATION AIMS 8. After initial briefings with the State Comer it has been agreed and determined that the investigation will have several objectives; more, both specific and generic, may arise as the investigation proceeds. At a minimum the following Issues will need to be investigated: • The matter of appropriate advice or warning being given to, and acted upon, by any emergency management group authority or service delivery platform; • The 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 RESPONSE 9. Interstate experience has identified that the investigation of such incidents on behalf of the Coroner or other inquiry forum is best served through the establishment of a dedicated joint task force. It has been determined that a joint task force comprising members from Southern Region and State Crime Operations Command will undertake this investigation. Task Force Galaxy has been established to this end. GOVERNANCE AND RESOURCING 10. Task Force Galaxy will undertake investigations on behalf of, and will provide on going briefings to the State Coroner. The Taskforce will be under the command of the Detective Superintendent Homicide Group State Crime Operations and jointly managed by Detective Inspectors from State Crime Operations and Southern Region. It will sit apart from the on going operations PROTECTED of the Homicide Investigation Unit as a separate entity. Task Force Galaxy will operate under the joint (executive) governance of the Assistant Commissioners State Crime and Southern Region. 11. State Crime has committed eleven (11) personnel and will as part of the investigation response undertake the crucial roles of Joint Senior Investigator; MIR (Investigation) Coordinator; as well Missing Persons Coordinator. The officer in charge of the Toowoomba Criminal Investigation Branch will be the Co-lead Investigator. 12. In the short term all available staff from the Toowoomba CIB are committed to meet the Immediate investigative issues associated with the fatalities and reported missing persons. The Region has agreed to an on going commitment of at least three investigators in addition to Detective Senior Sergeant Mccusker (to be further reviewed). Task Force Commander Detective Superintendent Sheppard Task Force Management A I Detective Inspector Massingham SCOC Detective lnsnector RCC SOR Senior Investigators Detective Senior Sergeants Castles SCOC Detective Senior Sergeant McCusker SOR MfR Coordinator Detective Sergeant Walker SCOC MPU Coordinator Detective Sergeant Oliver SCOC - EXECUTION 13. The investigation will move forward in a number of phases. The investigative cell has been established within the current Major Incident Room and will remain operating under that arrangement whilst search and recovery continues. It will eventually establish itself as a stand alone investigation I operation when search and recovery operations end. 14. An agreed protocol, approved by the Coroner, has been developed in relation to the location of any deceased person ensuring optimal continuation of the search and recovery teams with handover to DVI and investigative staff. SOCO and forensic support will be engaged at each recovery. All coronial reports will be coordinated through the Investigative Cell. 15. The initial investigative response will operate along two parallel paths. In so far as the event it will focus on the identification and capture of all relevant information sources to ensure thorough investigation at the appropriate time both in so far as emergency (prevention and) response; and the circumstances surrounding each specific fatality. Focus will also be aimed at gathering current aerial imagery of scenes to enable informed recreation. Through the Coroner steps will be taken to capture relevant logs from the respective emergence management platforms that were operating at the time of, and in then in response to, the event. PROTECTED 16. The foregoing will happen in tandem with coordinating the appropriate investigative scene response to each deceased person located. 17. Immediate attention will be given to capturing relevant witness information to the event and specifically the episodes that led to death through: • Identifying & debriefing all Emergency Services staff as their engagement concludes; • Engaging with evacuation coordination to see each of the evacuated residents from Grantham & Murphys Ck are given a 'response' document to be completed that provides some essential detail for future follow up at a less traumatic time - to be developed with the assistance of the Counsellors provided by the Red Cross and the input of the Coroner • Recovery of all official and non-official imagery and relevant media 16. This phase will provide the information necessary to undertake detailed interviews statements and analytical examinations aimed at meeting the aims of the investigation. SPECIALIST SUPPORT 19. Contingency plans have been developed with Operations Support Command's Forensic Services Branch to ensure continuing forensic specialist support. 20. Legal support will be accessed through State Crime Operations Legal Support Unit MEDIA LIAISON 21. All media releases and responses will be subject of joint Executive approval. RISK MANAGEMENT 22. Contextual risk assessment in the areas of operational and information security; fatigue and human resource management; resource allocation and monitoring. Will be undertaken and a risk management plan developed. SPECIAL ARRANGEMENTS 23. An undertaking has been given and arrangements made for close on going liaison with the State Coroner and or his representative at the investigation and management levels. 24. Regular and appropriate briefings will be provided to the Incident Commander whilst Search and Recovery continues in so far as ensuring effective interaction with no reduction in service delivery. These briefings will be cognizant of the Incident Commander's reporting responsibility to the DDG. JESheppard Detective Superintendent 14 January 2011 PROTECTED Commissions ofInquiry Act 1950 (Qld) IN THE MATTER OF THE GRANTHAM FLOODS COMMISSION OF INQUIRY CERTIFICATE OF EXHIBIT Exhibit DRI-4 to the affidavit of David John Isheiwood sworn 17th June 2015: Sworn by David John Isherwood on 17th June 2015 at Brisbane in the presence of: --;:-- -QI-,. • .... /:;.'f"" · -~·~..:... ': :71'fu9. tthj(~ Deponent -SoHcitarLBarriste+/Justice of the Peace/ Cormnissionc1 fut f)eclMiiioai Page 1 Certificate of exhibit of David Richard GR Cooper Isherwood CROWN SOLICITOR 11th Floor, State Law Building Filed on behalf of the State of Queensland 50 Ann Street Form 46 R. 431, Brisbane Qld 4000 Per Paul Lack Telephone 07 3239 3584 L T5/PRE052/2093/LAP Facsimile 07 3239 6272 Exhibit DRl-4 [77] VOL. 356J MONDAY 17 JANUARY 2011 [No.12 Co111111/srlo11s oflm/NlrJ A.Cl 1950 COMMISSIONS OF INQUIRY ORDER (No.1)-2011 TABLE OF PROVISIONS 1. Short Title ...... ""'""'"'"...... J 2. Appointment ofCommluion...... 1 3. Commisslo'n to report ...... -...... w ... 2 4. Report to be mado p11bUc ...... 2 S. Deputies to the Commission ...... 2 6. Awlicalion of Act ...... , ...... u ...... ~ ...... 3 7. Conduct oflnqulty...... _...... 3 l. Short Title Tbis Order io Cotmcil may be cited 11.• Co111mlsslo11s offnqu/Jy Order (No.I) 20/ I. · 2. Appointment ofCommh~lon UNDER the provisions of tho Co111mlsslo11s of lnqr1/I')' A.cf 1950, Her Bx.cellcncy the Governor, acting by 11nd with tho advlCfJ of Ibo Bxecutive Council, hereby appoints lllo Honourable Ju91ice Catherine Holmes to make full and carcft1l inquiry in an open and independent manner with reJpect to the following matters!- a) the preparation and pfanning by federal, slate and local govcmmC11ts; emergency sorvfo~.s And the cotllmunily for the 2010/2011 floods in Q11~1uland, b) th.c perfomw1cc of private insurers in meeting their claims responsibnltles, c) an ospc:cl~ of tbc rcsponte to the 2010l20l1 flood cvcna., particularly measures taken to infom1 the community and measures to protect li1e and privnto Rtld publlc property, lueluding: • Immediate num11gomcnl, ™ponse and recovery; • resourcing, overall coordi1111lio11 and depl.oyment of penormel Md equipment; · • 11.dequacy ofequ ipment and communications systems; and • the adequacy orthc comnuutlly's response. 78 QUEENSLAND GOVERNMENT GAZETIE No.12 [17 January 2011 2 d) Cite measures to manage the supply of essential scrvicc,s such u power, water and communil:at!om1 during !he 201012011 flood events, e) od~uaey of fom:asts and cacly warning ~yatems partfcult\l'ly as they related lo the flooding events in Toowoomba, and the Loc:kyer and Brisbane V1tlleys, O implemelllation of the systems operation plans for dams across tbe state and in particular the Wivenhoe and Somerset rclellSC strategy and a.n assessment of compliance with, and the suitabillty of Iha opcrntional procedures relating to flood mitigation and damsaft:ty, g) 11ll aspects of land use planning through local 1md regio11al pl11nning systems lo mhiimise iofh11lcuctllre and properly Impacts from floods, h) in undertaking its inquiries, the Commission Is required lo: • lake into account the regio08l arul geographic differences across 11ffcctcd communities; and • seek public submissions and hold public hearings in affected. communltles. 3. Commission to rc11ort AND directs that the COJwnissioner make full and faltl1fttl report concerning Cl'O aforesaid subject matter of Inquiry, and make recommondofiQns which she comldcrs appropriate. feasible and cosl effective to improve: • tho preparation and planning for future flood threats and ri.'lks, in particular the prevention of the loss of life; • the emergency response in natural disuter events; and • any lcgisllltivc changes needed to bctler protect life and property in natural disaster events. 1md transtnit an interim r(port to the Hoooumblo !he Premier and Minister for the Arts by I August 2011, on matters associated with flood preparedness to enable e8dy rcconunendatiom to be implemented before no>.1 summor's wet season, and a final report by I? January 2012. 4. Report to be made pul>Uc AND further directs thal tho Reports tnmsmlttcd to the Honourable tho Promlor end Minister for the Arts be made publio upon d10lr transmission to the Honourable the Premier 11nd tile Minister for the Arts. 5. De11utles to the Co1Umi9slo11 Under Scction 27 of the Commissions o/!11quiry Act J950, Ref Excellency the Governor, octing by &1'd with the advice of the Executive Council approves . tho appoint~1t of Mr James O'Sullivim AC 11.nd Mr Phillip Cu.rum!us as Deputies to the abovementfoned Commission. 17 Januai'y 2011] QUEENSLAND GOVERNMENT GAZmE No. 12 79 3 6. Application of Act The provisions of the Conunl.r.rlo11s ofTnq11lry Act 195() shall be Applicable for lhc purposes of this lnqu.iry except fur ~tion 19C-Authority to use listening devices. 7. Conduct oflaqu.lry Tlte Commissioner may bold public and private heari11ga in snch nwmcr and in such localions ns may be necessary and convenient. The CommiS11ioncr may: a) hold hearings constituted by the Commissioner, whether sllti!'lg alone or with one or both ofher Deputies; or b) 11uliloriso her Dcput!C3 or either of them to hold hearings or oxcrci~ powers pursuant to Se<:tion 28 of the Co11tmbslons oflfJ<)11if) 1 Act 19SO. ENDNOTES 1. Mado by 1110 Govcmor iu Cowtoil on 17January2011. 2. Published in an Extraordinary On2ctte l71anuory2 ~The State of Queensland (SOS Publfcatfons) 2011 Copyright protects this publication. mcept for purposes permitted by the Copyright Act, reproducll oo by whatever means Is prohibited wlthout the prlor\Wltten permission of SOS Publications. Inquiries should be addressed to SDS Publlcatrons, Gazette Advertising, PO Bax.5506, Bttndale QLD 4500. BRISBANE Printed IP{Govemmtnl Pttnt.r, Vullun!Street, W IN THE MATIER OF THE GRANTHAM FLOODS COMMISSION OF INQUIRY CERTIFICATE OF EXIIlBIT Exhibit DRI-5 to the affidavit of David John Isherwood sworn J7rti June 2015: Sworn b David John Isherwood on 171it June 2015 at Brisbane in the presence of: ;(' ~f"~ . id~ ~ Deponent -SeHeiten'B&Alster/Justice of the Peace/ .Commis3ione1 fur Declarations Paget Certificate of exhibit of David Richard GR Cooper Isherwood CROWN SOLICITOR 11 ui Floor, State Law Building Filoo on behalf of the State of Queensland 50 Ann Street Fonn46R 431, Brisbane Qld 4000 Per Paul Lack Telephone 07 3239 3584 LT5/PRE052/2093/LAP Facsimile 07 3239 6272 Exhibit DRl-5 ·------Oma OF THE STATE CoRONER QUEENSLAND COURTS Contact nsne: MAB: SC Our refarence: 50853411 27 January 2011 Assistant Commissioner Michael Condon State Crime Operations Command Queensland Police Service Headquarters GPO Box 1440 Brisbane Q 4001 Dear Assista~issioner, jJIJ~ Re: Operation Galaxy - police reports and the Flood Col Thank you for meeting with me and my staff today to discuss progress with the Investigation into the deaths and suspected deaths caused by the recent flash floods in Toowoomba and the Lockyer Valley. I confinn you seek advice concerning: • The making of the findings necessary to enable the deaths to be registered In accordance with the provisions of the Births, Deaths and Marriages Registration Act and how that can be expedited; • The form of the investigation reports that would best serve this purpose; • The impact of the Floods Commission of Inquiry on the coronial Investigation; and • The extent to which the investigation of the underlying, broader or prevention Issues that have commenced as a result of directions previously given by me should now be suspended and/or referred to the Commission of Inquiry for further advice. Coroner's findings and the fonn of the police reports I confirm that I am anxious to make the findings required by section 45 of the Coroners Act. as soon as possible so that they can be given legal effect to the benefit of surviving family members. For the reasons set out below, r consider Pc.w.: my obligation to make these findings is not affected by the creation of the GPOllOll11M& Floods Commission of Inquiry. Blllbane Q «JOt ,..Lll'ttDlle: In accordance with your request, I attach a template for the investigation (01) 32~ 8153 130030U05 reports which l considar would be sufficient to enable me to make such fOT) 3239 017' Page 1of3 findings. I welcome any sugge$tions you may have to amend or expand such a template. I am yet to detennine whether I will convene an Inquest Into these matters or simply make findings •on the papers•. I will of course seek input from members of the famlHes of those who died before making a final determination in relation to that question. The Intersection of the Floods Col and the coron/al Inquiry As you are aware, when a Commission of Inquiry is constituted by a judge of the Supreme Court section 4A of the Commissions of Inquiry Act 1950 excises from a coroner's jurisdiction matters the Commission of Inquiry is directed to Inquire into. As you are aJso aware Commission of Inquiry Order (1) 2011 appoints the Honourable Justice Catherine Holmes to inquire Into specific matters connected to the 201012011 floods in Queensland. The Coroners Act 2003 In section 45(1) and (2) sets out matters about which a coroner must make findings concerning deaths and suspected deaths that are reported to the coroner. Section 46 of the Act authorises a coroner to comment on anything connected with a death investigated at an inquest that relates to public health or safety or the ways to prevent deaths from happening in similar circumstances in the future. Twenty two deaths and three suspected deaths have been reported to me as a result of the flash flood that occurred In Toowoomba and the Lockyer Valley on 1O January 2011. In my view these provisions require me to consider whether the terms of reference of the Floods Commission of Inquiry Indicate those constituting it should inquire into any of the matters that would otherwise fall to be determined by the findings r am required by section 45 to make or be the subject of comment made by me under section 46. To the extent that the Commlsslon of Inquiry is directed to inquire Into such matters my jurisdiction to do so is extinguished. Section 45 requires me to make findings as to whether any person suspected of dying in the floods is In fact dead; the identity of those who died; how they died; when they died; where such persons died and the medical cause of those deaths. On my reading, the tenns of reference do not require an inquiry into any of these matters. The only area In which there might be some overlap concerns section 45(2)(b) How the person died. In my view this possible conflict can be avoided by my limiting my findings under this paragraph to the immediate circumstances of the deaths while refraining from inquiring into how they came about or why they proved fatal. Page 2of3 Conversely, I am currently of the view that all of the issues that may have been considered by me with a view to making comments pursuant to section 46 are covered by the terms of reference. Accordingly, I consider I have no jurisdiction to consider those issues. The further investigation of these matters For the reasons detailed earuer I consider the ooronlal Investigation by OPS officers af 1tie matters that will be the subject of the s45 findings should continue. The powers granted to me by the Ad and to poHce officers acting on my behalf will continue to be available to further those inquiries. As you are aware soon after the flash floods occurred I met With detectives from your command and we developed an investigation strategy Which included among ottier things the commissioning of hydrologists to explain the magnitude and speed of the flood waters; the critiquing of the warnings given to those impacted by the flood and the response of the emergency services with a view to determining whether the deaths were preventable and/or whether changes to such matters might reduce the likelihood to similar deaths occurring the in future. For the reasons detailed above, t am of the view the creating of the Floods Commission of Inquiry extinguished my jurisdiction to consider such matters. Those constituting the Floods Commission of Inquiry may wish those investigations to continue. If so, they will no doubt make arrangements with the QPS to facilitate this. However, to the extent to which reliance on the powers or authority of the Coroners Act. is necessary for the furtherance of those inquiries they should henceforth cease. Please do not hesitate to contact me if you require any clariftcation or you feel there are other issues that need to be resotved at this point Yo7I have written to Justice Holmes in similar tellTls. Michael Barnes State Coroner cc Assistant Commissioner Stephan Gollschewski Southern RegJon cc Assistant Commissioner Andrew Henderson Cl· Deputy Commissioner (Regional Operations) Page 3af3 Commissions ofInquiry Act 1950 (Qld) IN THE MATTER OF THE GRANTHAM FLOODS COMMISSION OF INQUIRY CERTIFICATE OF EXHIBIT Exhibit DRI-6 to the affidavit of David John Isherwood sworn 1r11June2015: Sworn by David John Isherwood on 17m June 2015 at Brisbane in the presence of: Deponent Page 1 Certificate of exhibit of David Richacd GR Cooper Isherwood CROWN SOLICITOR 1 Jth Floor, State Law Building Filed on behalf of the State ofQueensland 50 Ann Street Fonn46 R 431, Brisbane Qld 4000 Per Paul Lack Telephone 07 3239 3584 LT5/PRE052/2093/LAP Facsimile 07 3239 6272 Exhibit DRl-6 Template for Operation Galaxy reports In relation to the bodies already recovered and Identified and the missing persons we would need 1. Overview report that details: I. The locality ii. The events as described by BOM, QPS and other authorities and the eye witnesses - in general terms only to give understanding of the nature, timing and magnitude of the events m. The response - I.e. the search and recovery activities to assist understand the deductions which can be drawn from people still being missing 2. Reports relating to each indlvldual recovered i. Demographic details of the persons, brief social history ii. Their situation at the tlme of the events iii. Last sightings iv. Details of recovery of the body v. Autopsy results vi. Identification evidence 3. Reports for each missing person I. Same as for recovered bodies 2(i) - (Iii), plus: Ii. Relevant details of searches for MP {perhaps extracted from the Overview report but more specific than in that part of the report); iii. The usual MP s1atements - no contact with relatives; no transactions on bank accounts; no contact with govemmeot agencies etc In each case attach the fonn 1, autopsy report, eyewitness statements etc Commissions ofInquiry Act 1950 (Qld) IN THE MATTER OF THE GRANTHAM FLOODS COMMISSION OF INQUIRY CERTIFICATE OF EXHIBIT Exhibit DRI-7 to the affidavit of David John Isherwood sworn 17th June 2015: Sworn by David John Isherwood on 17Lh June 2015 at Brisbane in the presence of: Deponent Page 1 Certificate of exhibit ofDavid Richard GR Cooper Isherwood CROWN SOLICITOR 11th Floor, State Law Building Filed on behalf of the State of Queensland 50 Ann Street Form46 R 431, Brisbane Qld 4000 Per Paul Lack Telephone 07 3239 3584 LT5/PRE052/2093/LAP Facsimile 07 3239 6272 Exhibit DRl-7 HOMICIDE GROUP STATE CRIME OPERATIONS COMMAND TASK FORCE GALAXY Coronial investigation into the fatalities associated with the fiash flooding that occurred in Toowoomba and the Lockyer Valley on the 10tk January 2011 and the subsequent flooding of the Brisbane and Bremer Rivers over the period of 111 1 the 10 to l7 h January 2011. INVESTIGATION PLAN AMENDMENT 28 JANlJARY 2011 DIRECTIVE On 27 January 2011 advice was received from the State Coroner to the effect that after considering the terms of reference of the established Commission of Inquiry he felt it no longer within his jurisdiction to consider matters which he might have previously considered within the terms of Section 46 of the Coroners Act 2003. He will be limiting bis investigation to issues uner Section 45:- "Make findings as to wheJher any person suspected ofdying in the f/Qods ls in fact dead; the identity ofthose who died; how Orey died; when they died; where such persons died and the medical cause ofthose deaths." Action reguired The aims of the investigation remain unchanged in principle. The Task force will conduct a comprehensive contextual investigation into the event and circumstances of each individual fatality. [See attached] The Community will rightly expect the investigation to be comprehensive and address all relevant issues. The investigation will however not extend to examining the adequacy and perfonnance of agencies, including the QPS, involved in responding to the disaster or by virtue of their roles responsible for 'prevention' or 'mitigation' Governance and reporting arrangements remain unchanged. Advice as to the forgoing is to be immediately provided to the relevant Districts. JE Sheppard Detective Superintendent 28 January 2011 Error! Objects cannot be created from editing field codes. Commissions ofInquiry Act 1950 (Qld) IN THE MATTER OF THE GRANTHAM FLOODS COMMISSION OF INQUIRY CERTIFICATE OF EXHIBIT Exhibit DRI-8 to the affidavit of David John Isherwood sworn 1r11June2015: ohn Ishetwood on 17m June 2015 at Brisbane in the presence of: Deponent Pagel Certificate of exhibit of David Richard GR Cooper Isherwood CROWN SOLICITOR 11 th Floor, State Law Building Filed on behalf of the State of Queensland 50 Ann Street Fonn 46 R. 431 , Brisbane Qld 4000 Per Paul Lack Telephone 07 3239 3584 LT5/PRE052/2093/LAP Facsimile 07 3239 6272 Exhibit DRl-8 HOMICIDE GROUP STATE CRIME OPERATIONS COMMAND TASK FORCE GALAXY Coronial investigation into the fatalities associated with the flash flooding that occurred in Toowoomba and the Lockyer Valley on the 10t1i January 2011 and the subsequent Oooding of the Brisbane and Bremer Rivers over the period of the lOtb to 17th January 2011. INVESTIGATION PLAN 21 February DIRECTIVE In response to matters raised in the course of management meetings a clarification document is being provided to direct the initial lines of inquiry and evidence seen as necessary as part of the 'First responders' investigation phase Action required The aims of the investigation remain unchanged in principle. The Task force will conduct a comprehensive contextual investigation into the event and circumstances of each individual fatality. The Community will rightly expect the investigation to be comprehensive and address all relevant issues. The investigation will however not extend to examining the adequacy and performance of agencies, including the QPS, involved in responding to the disaster or by virtue of their ro1es responsible for 'prevention' or 'mitigation'. Governance and reporting arrangements remain unchanged. The investigation will need to provide insight into the emergency .services activities in connedion with the event thereby giving necessary context to the specific incidents where lives were lost. Evidence will need to be properly adduced address the matters raised, and questions posed jn the attached JE Sheppard Detective Superintendent 21 February 2011 Error! Objects cannot be created from editing field codes.