OLICE KILLINGS Dave Brown and Russell Hogg

1970 Richard Harding published his book about police powers and duties and point .ice Killings in Australia (Penguin) in to the need for reform in a number of Lch he reached two main conclusions: areas. In particular, we would like to Lrst, that one of the rules concerning highlight the issue of persons who have 2 legal right to use lethal force - as died in police custody after being beans of arresting a fleeing felon if detained under the Intoxicated Persons could not otherwise be arrested with- Act, 1979 (NSW). (See Punk Dies in that immediate situation - was out of Dario Cell, elsewhere in this issue.) he with modern needs when the circum- This legislation decriminalised public ances were such that there was no drunkenness and persons detained under ason to suppose that he was armed or it are, in theory, in protective custody. herwise dangerous; second, that defec- Yet no special duties (with respect to ve administrative and legal procedure medical care, etc.) are placed on the r investigating and testing the lawful- police where, as is usual, they are the ss of police use of lethal force had detaining agency. There are a number of d to a position where such conduct was critical problems with the legislation effect extra-legal". (R. Harding, (such as the potential for abuse without hanging Patterns of the Use of Lethal fear of judicial review) which have rce by Police in Australia", Aust. & received some public attention. However, Z. Journal of Criminology (June, 1975) : there has been little or no debate about Tj~* In a subsequent article, based on the numbers and causes of deaths in examination of police killings between custody under it. We point to this here 69 and 1974, Harding restated his as an issue of particular concern. rlier conclusions (ibid.). We are not eking here to offer a systematic A related issue of importance is that of dating of Harding's important work, deaths of prisoners. Over the years is clear that police killings continue there have been a significant number of be a reasonably frequent occurrence, prison deaths (especially in Mulawa though the cases we refer to are not women's prison) and particularly in sed on an exhaustive search and do solitary or punishment cells. Research erlap with the period dealt with by along the lines of Coggan and Walker's rding in his 1975 article. Frightened For My Life : Deaths in 2 intervening period has seen some British Prisons, Fontana, 1982, Is lification of the "fleeing felon" urgently called for in Australia. le in N.S.W. (30/6/80) [We reprint an Appendix relevant sections from Another cause of concern is the 2 current N.S.W. Police Instructions practice of certain police carrying the discharge of firearms]. non—police-issue weapons and firearms. tfever, we would strongly suggest Should injuries or deaths ensue from at despite form to internal police procedures for the use of such weapons it is much vestigating complaints and incidents easier for the police involved to deny volving other police officers there responsibility. They point to the ntinues to be evidence that the overall calibre of bullet or nature of the fective nature of the procedures for injury being inconsistent with the use aling with police killings identified of police-issue weapons. Planting of Harding remains. Certainly many of firearms following a shooting incident e criticisms he made of the role of is also much easier if police have roners have been repeated in connection private, non-police-issue firearms on th recent inquests on police killings. hand. Such possibilities are greatly increased in the case of prison escapees, what follows we also include reference particularly where police or media sources deaths in police custody (especially have previously claimed that the escapee der the Intoxicated Persons Act, 1979 is believed to be armed. SW) and in collisions arising out of r chases. Following the escape of Raymond John Denning from Grafton jail in 1980 and e different contexts in which police (false) media reports that he was in tion or omission results in death the Blue Mountains armed, the Prisoners viously raise quite different questions Action Group wrote to the Premier, 129 Minister of Police, Police Commissioner Following disturbances at the Bathurst and Police Officers Association Secretary- bike races in Easter 1981 a young requesting that clear instructions be constable was quoted as saying that issued to police that: prior to the disturbance he went "out "no non-police, non-official to the tip near the college to get a firearms are to be carried in piece of timber to protect myself the search, and that if Denning adequately" and that "other policeman is holed up somewhere Commissioner had done the same" (Western Advocate Lees be notified immediately so 20/4/81. See also the B.Y.O. weapons that he can superintend operations practice in the Ti Tree incident. and can provide for independent law and policy in respect of police observers to be present at any The recapture." access to and use of firearms is summarised by Richard Harding in Firear That police do carry non-police issue and Violence in Australian Life, ch. H weapons has come to light in recent years The law relating to police useof fire­ in a number of ways. On 24/4/83 the arms is not uniform throughout Australi general secretary of the N.S.W. Police The "fleeing felon" rule applies in N.S Association, Bob Page, stated before Victoria, South Australia and the the State Industrial Commission: Territories. In Queensland, Western Australia and Tasmania the police are "In some areas of the State, only legally permitted to resort to let however, I am aware police are force to stop a fleeing offender if the so concerned for their own have a reasonable suspicion that the safety that they have adopted offender has committed an offence punis the practice of carrying their able by death or life imprisonment. privately owned shotguns while on duty in police vehicles" (S.M.H. 25/4/79 emphasis added) ______^ t o ld

C o , *v.v 0/

• ,ome areas \eVvi^cs* , °» * lW * told >esterday. V. jV

FOilU TAIL FOR BA/CIE',.**»?« •Oofi'e DUM-DUM TERROR AMMO the 8 n DL M-DL'MS, hollow- nosed bullets which spread on impact, O f may be used by .YSW police.

130 POLICE KILLINGS: A SELECTION

The following is our unsystematic listing On 17/7/76, Attorney General F.Walker „ of some of the police killings or deaths instructed the Crown Solicitor not in police custody in Australia over the to oppose an application for a reopening last ten years, which hit the press. of an inquiry into the death, brought We have compiled the list from our own by Ms Bilbao before the Supreme Court incomplete clippings file (with assist­ by way of a writ of ad melius inquiren­ ance from Denise William). It will be dum (S.M.H. 17/7/76). On 22/6/79, apparent that in some cases the details Mr K. Waller S.M., Coroner, found a prima available to us are scant. We urge facie case of manslaughter against Swift readers to assist in the process of and Abel. On 2/11/79, Swift and Abel were bringing this list up to date, and in charged with manslaughter and conspiracy providing additional information about on ex officio indictments. On 13/3/80, existing listings. Then perhaps in a 7 years and 8 months after Bilbao's future issue we could provide a more death, Swift and Abel were acquitted on comprehensive listing together with both charges by direction at Central some analysis. What follows is really Criminal Court. only in the form of notes. 24/2/74 21/7/72 John William Hands, 17. The youth was in Jose Bilbao, 45. Bilbao was arrested an allegedly stolen car which was stopped on 20/7/72 and charged at Central at a police road block on the Hume High­ Police Station, Sydney, with unseemly way, south of Goulburn. He ran off and words. On 21/7/72 he appeared in was fired upon by police. One shot hit Central Court of Petty Sessions, before him in the back, killing him. Constable Mr M. Farquhar, C.S.M. Court records Christopher Ross Smith of Goulburn was show that Bilbao was asked how he charged with manslaughter (S.M.H. 5/3/74) received certain injuries and he claimed but the charge was dismissed at committal that a policeman did it. He was taken stage. On 26/2/74, N.S.W. Minister of to Sydney Hospital and died that night Justice and Police, Mr Maddison, re­ (S.M.H. 16/8/72). Two police constables leased details of hitherto unpublished on duty in Central police station at the rules on the use of firearms by police. time, Terry George Swift and Peter Gary The rules state that if a felon (any Abel, were suspended from duty and person who has committed an offence charged with murder. Mr M. Farquhar, punishable by death or by penal C.S.M., discharged the two, finding that servitude for any term) is running away there was "insufficient evidence to to avoid arrest, and there appears no establish a prima facie case against the way to stop him, he may be fired upon. constables" (S.M.H. 15/11/72). The rules state that should a felon be killed, the police officer need On 7/6/74, the N.S.W. Court of Appeal have no fear, but that the law would ordered Mr M.F. Farquhar, C.S.M. to uphold and protect him (S.M.H. 27/2/74). consider reopening the Coronial Inquiry, upholding an application for a writ of 29/6/1976 mandamus brought by Maria Jesus Bilbao, Bilbao's sister, after Mr Farquhar had Phillip Western. Shot dead at Avoca refused a request by legal represent­ Beach. Western was out on bail on armed atives to resume the inquest. The hold-up charges when he allegedly shot Court of Appeal order was the first of dead a bank officer in Parramatta during its kind since the Coroners Act was the course of an armed holdup. A large passed in 1960. Mr Farquhar refused to scale manhunt got under way immediately resume the inquest. On 5/6/75, Ms. Bilbao and the media engaged in a sensationalist requested the Court of Appeal to order campaign of vilification - "a cold­ the resumption of the inquest. They blooded felon with a touch of craziness" refused. (S.M.H. 29/6/76. See also Zdenkowski, G. and Brown, D . The Prison Struggle Penguin, 1982. Chpt. ]3. pp. 287-94). The evening before he was shot he was observed by police at Avoca Beach, apparently unarmed and in the open. A 131 siege was mounted overnight and he was someone in the presence of police had 1 shot dead early the following morning. been allowed to leave the scene and had not been interviewed until after consul ing solicitors (National Times, 6/7/80 17/11/78 and 5/10/80). Kresimir Dragosevic, 32. Shot by police (Det. Snr. Con. I. Jameson) Nov 17th 21/7/80 978. Mr L. Nash S.M., City Coroner, Ti Tree Killing. Northern Territory. described the killing as a "justi­ Two constables (L.R. Clifford and M.J. fiable homicide" (S.M.H. 12th May, Warren) from Ti Tree station stopped a 1979). A hostage of Dragosevic, vehicle carrying a number of Aborigines Wajih Ali Abouvali, was also killed in and arrested the driver on liquor an exchange of shots between Dragosevic related offences. Two other men in the and the police. The coronial inquiry vehicle were then arrested. A fight found that Abouvali "had died from a developed and one of the constables gunshot wound to the head inflicted by shot two of the men, killing one and a person now dead" (Dragosevic) contrary critically wounding another. One of to claims that he had been killed in the the Aborigines was charged with the police fire. An unusually prompt ex attempted murder of Constable Clifford gratia payment of compensation was made (S.M.H. 22/7/80). Following an outcry to Abouvali's widow by the Wran govern­ and an investigation, one of the ment . police officers was charged with murder and acquitted. "The coroner, Mr Gerry 27/12/78 Galvin, criticised the handling of the investigation and censured the police James Neville Ruwald, 47. Died after for arming themselves with home-made being shot in the head by a police or, as one lawyer sardonically describe constable during an attempted armed them, B.Y.0. weapons. This was a robbery of a Canberra bank. (S.M.H. reference to evidence given by Chief 28/12/78). Inspector Mike Gilroy of Alice Springs, "that it was commonplace for weapons 4/4/79 such as cut-down shovel handles to be available for use by police" Domenico Speranza. Shot after attempt­ (Australian, 8/5/82). Police response ing to hijack a plane at Sydney air­ to the Coroner's criticism was to port and taking a hostage (who escaped). issue the controversial F.S. 140 baton. He was armed with bombs.

7/9/79 1/3/81 Gordon Perce Thomas. Shot by members of the S.W.O.S. squad after a 2^ hour siege Judith Alison Woods, 17. Dies in polic at an apartment following a bank hold-up. cells at Nambour, Queensland. The He was described by police as a violent woman was a diabetic and apparently criminal. A police officer was seriously police failed to provide her with wounded during the siege. necessary medical treatment. The then opposition spokesman on police referrec 30/6/80 in parliament to reports that she had been raped in the cell (Australian Phillippe Michael Haynes, 26. Died from 13/3/81). a gunshot wound to the back inflicted by a police officer involved in a drug 3/5/81 raid at Kuranda in north Queensland. Haynes was unarmed and running away when Craig Cherry, 16. Died of injuries cai shot by the undercover policeman. when his motorcycle collided with a po] Civilian witnesses testified at the car going through a red light in pursu: inquest into Haynes' death that no warn­ of a speeding car. A coronial inquiry ing was given before shots were fired. found that the boy was in no way at fai The police witnesses agreed that they had and that the driver of the police car discussed the shooting among themselves was also driving in a reasonable mannei before making statements to the police even though he drove through a red ligt investigating the shooting. And the (S.M.H. 30/6/81). head of the police Internal Investigation Unit agreed with counsel for Haynes', girlfriend that he could not remember any occasion when a civilian who had shot 132 L2/6/81 stolen heroin worth $37,000 from another dealer and for that reason Edward James Murray, 21. Found dead in was in fear of Serqeant Rogerson. police cells at Wee Waa after being On the day of the killing Lanfranchi detained under the Intoxicated Persons had told her he was going to meet Act. When found he was hanging from Rogerson to pay him $10,000 to "get a noose fashioned from a strip torn him off my back". She said Lanfranchi from a blanket. Medical evidence at was scared that Rogerson was going to the inquest indicated the cause of shoot him. She helped him to count death as strangulation. No reason out $10,000 and sort it into bundles. could be given as to why he would want She said Lanfranchi did not take his to commit suicide. Moreover, his very revolver to the meeting, that she threw high blood alcohol content raided it into the harbour after learning of considerable doubts as to whether he the killing and that she had never seen would have been capable of making the the silver revolver. (S.M.H. 13/5/83). noose and hanging himself. (See Two prisoners facing armed hold-up Aboriginal Law Bulletin, no. 8, charges gave evidence to the inquest August 1983). During the course of about Lanfranchi's activities as a the inquest one police officer was heroin dealer and enforcer. One of forced to completely change his them claimed Lanfranchi had "murdered evidence. The Coroner brought in an one person and maybe two". (S.M.H. open verdict. 10/11/81).

27/6/81 The jury were supplied by the coroner, Mr N.F. Walsh, with a form of words Warren Lanfranchi. Shot by Detective stating that the death had been caused Sergeant Roger Rogerson in Dangar Place by a shot to the heart inflicted on him Chippendale. According to police who then and there by Detective Sergeant gave evidence at the inquest, Lanfranchi Rogerson in self defence, while endeavoui had arranged through an informant ing to effect an arrest, in the executior (referred to only as G) to meet Roger­ of his duty. The jury in returning theii son "to talk business". The meeting verdict struck out the lines "in self was agreed to in order to arrest Lan­ defence" and "in the execution of his dut franchi on armed robbery and attempted murder charges. A plan was formulated Two barristers, Ian Barker QC and Anthony to deploy various detectives in and Young, who appeared as counsel for the around the area including Detectives Lanfranchi family and Huckstepp, pre­ Frazer and Moore in Dangar Place it­ pared a detailed analysis of the evidence self. (S.M.H. 7/11/81). in a joint submission to then N.S.W. Attorney-General Frank Walker in which Lanfranchi was driven to the meeting by they raised a number of discrepancies anc 3. (Later named in N.S.W. Parliament unanswered questions arising out of the by John Dowd, then leader of Opposition inquest, including the timing of the as Ned Smith, described by Justice two shots, the positioning of the body, Woodward as a "professional criminal the question of the $10,000 and the gun, with a long history of convictions for discrepancies between an account of the dishonesty and violence and a reputation incident made by Rogerson on 27/6/81 and as a gunman and assailant".) Lanfranchi evidence given at the inquest, the net Rogerson and the two walked down failure to call certain witnesses, the Dangar Lane, past a car in which Detect­ admission of heresay evidence prejudic­ ive Frazer was crouched in the back with ial to Lanfranchi and the exclusion of a shotgun. According to Rogerson, Lan­ heresay evidence damaging to Rogerson. franchi asked "Are we going to do business". Rogerson replied."We are In addition they raised a number of here to arrest you". Lanfranchi moved matters illustrating severe limitations away and as other detectives closed in on the value of Coronial Inquiries in pulled out a silver coloured revolver any case involving allegations of impro­ m d pointed it at Rogerson. Rogerson priety against the police. In particular Irew his gun and fired two shots, they noted practices adopted in relation tilling Lanfranchi. to summonses and witnesses statements not adopted in Supreme or District Jally Anne Huckstepp, Lanfranchi's Courts. And that "the preparation common law wife, told the inquest she of the material to present to the lad met Lanfranchi early in 1981 when Coroner was sufficiently under she was a heroid addict and he was a D.S. Rogerson's control to cause disquiet lealer. She said Lanfranchi had in the circumstances; he had a folder

133 with all the police statements on the 16/ 3/83 matter and was obviously familiar with the evidence that the police were going Constable Clare Frances Bourke, 23. S to give". (1983. L.S.B. 66). by a fellow constable in Sunshine police station, Melbourne. The killin Public disquiet about the case contin­ appears to have been the consequence ued and Lanfranchi's father sought a of a practical joke gone wrong. The Supreme Court Order that the inquest responsible police officer was charged findings be quashed and a fresh inquest with manslaughter. held. A tape was played to the Supreme Court in which one of the prisoners who 8/4/83 gave evidence damaging to Lanfranchi (Paul Ostara) claimed he gave false Michael Johnson, 22. Shot dead when a evidence at the inquest, doing a deal furniture van in which he was travell­ with police under duress and "painting ing with an escapee was surrounded a bad picture" of Lanfranchi in order by police at Centennial Park in Sydney to get charges against him dropped or The Sun Herald (10/4/83) reports the lightened. He also claimed he was police as having fired 70 shots into given drugs while in the C.I.B. inter­ the van. Original press reports view room. (S.M.H. 17/5/83). suggested that the two men fired at police first, and that one police For fuller accounts, of this controversia officer was wounded. Indeed, the case see Evan Whitton: Death in Dangar S.M.H., reporting the setting up of an Place, S.M.H. 1/5/82 and Viv Altman: inquiry into the wounding of the The Lanfranchi Affair: An unsatisfactory officer, stated as follows: "Police sa inquest, 1983 Legal Service Bulletin the Armed Hold-up Squad was chasing a 64-67. furniture van about 9.30 p.m. when a shot fired from the van hit Det-Sergea 6/7/82 Graham Fraser in the neck". It sub­ sequently transpired that this wound Ivan Kalcic, 52. Shot by members of the was caused by a ricochet from a police SWOS squad after a siege at his home in bullet and Santos denied that he and Bexley. Kalcic, who was suffering Johnson were armed. In Santos' from terminal cancer, had had an argu­ committal police told the court that ment with his wife and, when local they were the only witnesses to the police were called, had threatened them incident (S.M.H. 12/8/83). At the also. A siege operation was mounted time of the shooting the following involving the SWOS squad and the comment appeared in Column 8 in the Tactical Response Group, and was super­ Sydney Morning Herald under the head­ vised by Detective-Sergeant Roger ing "Why so coy?": Rogerson. After several hours Kalcic, armed, was driven out of his house The NSW Police Department when police threw in tear-gas. He refused to release the name fired several shots and then was shot of the Armed Holdup Squad at close range by the police officers detective who shot dead armed with shot guns. (S.M.H. 7/7/82). Michael Johnson, 22, in the shoot-out at Centennial Park 23/8/82 (approx.) on April 8. Policy has changed since the controversial A 62 year old taxi-driver, killed when Lanfranchi killing last year his cab was hit by a police paddy when Det-Sgt Roger Rogerson waggon involved in a chase of a stolen was the central figure. Seems car through the eastern suburbs of to smack a bit of censorship. Sydney. This incident brought the After all, cops often release number of people killed or seriously the names of ordinary citizens injured during high-speed car chases charged before they're revealed that year to more than 30, including in court. 6 police officers (Sydney Telegraph, 26/8/82). It is worth noting that press reports at the time focused almost completely on Ian Santos, his escape from Darlinghurst Court and past record. No mention was made of who Johnson was, his background etc.

134 [7/ 4/83 changed blows. Another witness said that a police constable kicked John hvid McIntosh, 20. Young punk taken Pat in the face. When she heard the pto custody by Darlinghurst police police boot connect with the boy's face pder the Intoxicated Persons Act she felt sick, she told the court. p79 (N.S.W.). McIntosh was An unconscious Pat was dragged away jaken into custody as "in need of phy- and thrown into a police van "like a lical protection because of his in- dead kangaroo" said another witness. lapacity due to his being intoxicated", lespite being taken into custody for A Ms. Howard who lives directly lis own "physical protection" at 1 a.m. opposite one police station, gave a le was found deceased 3.20 a.m. See graphic account of seeing police Punk Dies in Dario Cell earlier in punching and kicking the prisoners this issue. as they removed them from the van at the police station. The police defence has been that Pat fell awkward­ ly from the police van, hitting his 9/9/83 shoulder and head on the concrete. Two post mortems have revealed that ohn Pat, an Aboriginal teenager, he had massive bruising on the skull, 'as found dead in the police lock-up at fractured ribs and serious abdominal toebourne, Western Australia. At the bruising. The outcome of the inquest nquest the Coroner's Court was told is not yet known. (Tribune 14/12/83). hat a group of police entered the own hotel in plain clothes and began ihallenging Aboriginal youths to a :ight. Witnesses gave evidence that :he police,who appeared affected by P.S. On 24/5/84 the five police ilcohol threatened a friend of Pat's, officers charged with John Pat's ishley James, and one witness told murder were acquitted by a jury. »f seeing Pat felled by a police lunch after trying to separate James ind a police constable as they ex­

135 These are necessarily limited by the effects of the passage of time, the The Role of the Media wholly inadequate procedures avail­ able (e.g. inquests) and the fact Public attitudes and official that they are usually personal, or responses to police killings and sometimes community, campaigns which deaths in custody are, in important involve pitting limited resources respects, shaped by the represent­ and energies against unco-operative ation of those events in the popular and highly secretive state appar­ media. Because of the tendency for atuses . the police involved to assume the legitimacy of their action and reach Therefore, whilst it is often an agreed version of the facts which impossible to provide a convincing legally sustains this before any alternative account of any given investigation is undertaken the police action it is frequently media have a particular responsibility possible to question the reliability to raise the awkward questions and test of accounts routinely provided by the the accounts and responses of the media merely by referring to the in­ police on such occasions. The evidence consistencies within them. This (even just that provided by the above points to incompetence at best, but press accounts) tends to suggest, more plausibly to the routine, if however, that they behave in quite the barely acknowledged complicity of opposite manner and are only too journalists and police in producing willing to repeat the police accounts blantantly untruthful and misleading unquestioningly in the immediate accounts of police killings which aftermath of police killings. It is affect the immediate, and thus also of course at the time of the events final, official understanding of what that it is most important that, happened and thus also the general questions and inquiries be pursued, public attitude to police killings. for the more time that passes without any systematic investigation the less Another crucial and related aspect of likely it is that a prosecution will the way in which the media routinely be successfully mounted, if warranted report police killings is the because of disappearance, concealment tendency to concentrate upon the and deterioration of evidence. Not character of the person killed only do the press and other media tend rather than carefully inquiring into on such occasions to immediately the circumstances in which the killing accept police accounts but time and took place. If the deceased is an time again these are revealed, by escapee, or can be readily depicted subsequent accounts in the media as a criminal or an associate of themselves, to be unrealiable. criminals, the behaviour of the police Indeed it would appear in some cases is rarely regarded as being an issue. (see the Johnson case, for example) that the original account is no more than lies - either those of the police or of journalists. Yet subsequently, radically different accounts of the same events rarely acknowledge the incon­ sistencies. And there is no evidence that any journalistic scepticism about police accounts results from such obvious indications of their unreli­ ability. The role of the media tends, in the absence of exceptional circum­ stances, to ensure that outside pressure for a full investigation of the circum­ stances is not forthcoming in the immediate aftermath of a police killing (when it is most important). It is usually only with the efforts of the family, friends, etc. of persons killed that sometimes awkward questions are raised and fuller (if not satisfactory) inquiries are subsequently pursued.

136 APPENDIX

EXTRACTS FROM N1S.W. POLICE RULES AND INSTRUCTIONS NO 22 (a) the person avoiding arrest has actually committed the felony DISCHARGE OF FIREARMS or is the person named or described in the warrant; 2. The power vested in a member of the (b) such felon is running away to Police Force for the discharge of his avoid arrest; firearm in the execution of his duty is provided by the Common Law and the (c) assistance is not likely to be decisions of superior Courts thereon over obtained before the felon can many centuries. effect his escape? (d) there are no other reasonable The power relates to two circum­ grounds for supposing the stances, namely - arrest can be accomplished in that particular pursuit without (a) self-defence, including the resorting to the use of a protection of members of the firearm; and community; and (e) the firearm may be discharged (b) the arrest of felons who are with a minimum of danger to endeavouring to avoid apprehension. innocent bystanders.

3. To ensure that Police act within NOTE: the scope of their power, members should comply with the directions contained in (i) Firearms should never be paragraphs 4, 5, 6 and 7 of this discharged to effect the arrest Instruction. of any person where the subject felony involves the theft of or 4. A member of the Force may discharge damage to property only; his firearm - (ii) where circumstances permit, the (a) where he has reasonable member of the Force should apprehension of being killed announce his office and call or sustaining grievous bodily upon the felon to surrender harm and in any such case prior to the discharge of a cannot otherwise protect firearm; himself; and (b) to protect any member of the (iii) if a firearm is discharged with­ public where there are reason­ out proper justification, able grounds to believe that criminal, civil or Departmental such person may be killed or action may be taken against the sustain grievous bodily harm member of the Force concerned. and there are no other apparent means available by which this may be prevented.

5. A member of the Force may discharge his firearm to effect the arrest, with or without warrant, of a felon only where the commission of the felony involves violence or an offer of threat of violence to any person. (In respect of a prisoner who escapes or attempts to escape from lawful custody, see paragraph 6 of this Instruction.) When endeavouring to arrest such a felon who is fleeing from justice, a member of the Force will not discharge his firearm unless he has satisfied himself that - 137 (a) the prisoner, in the course of 7. Attention is drawn to the distinctio his escape or attempted escape, between a prisoner who escapes or attempt used, offered or threatened to escape from lawful custody within the violence to any person; or provisions of section 34 of the Prisons (b) the prisoner, at the time of his Act, No. 9 of 1952, and a person who escape or attempted escape, was escapes or attempts to escape from Police serving a sentence in respect custody prior to being the subject of a of a felony of the type Court order. In order to effect the described in the first sub- arrest of a person in the latter category paragraph of paragraph 5 of this by a member of the Force, a firearm shoul Instruction; or be discharged only where the offence allegedly committed comes within the (c) the member of the Force has provisions of the first subparagraph of reason to believe that serious paragraph 5 of this Instruction and the injury may be occasioned to any conditions in clauses (a), (b), (c), (d) person by such prisoner if he and (e) of that paragraph apply. It is is at large; and emphasized that such an escape or attempt (d) the provisions of clauses (a), to escape is of itself a misdemeanour at (b), (c), (d) and (e) of Common Law only. paragraph 5 of this Instruction apply. 8. Whenever a member of the Force discharges his firearm, he shall immediately furnish a written report of the circumstances. This will not apply in the case of a member attending an authorized course of weapons instruction.

NSW spends $245,000 on M-16 automatic rifles, pump action shotguns grenades and a first aid kit. Photograph courtesy of John Fairfax and 138 Sons.