Police made terrible error of judgment causing death

POLICE committed a "terrible error of judgment" in leaving an Ipswich teenager lying handcuffed on a busy street, the Queensland coroner has told an inquest into the youth's death. Coroner Michael Barnes was critical of police actions on the night of February 7, 2009, when Andrew John Bornen, 16, was hit and killed by a car driven by local woman Jennifer Hind.

Mr Barnes said he could not accept the evidence of then-Senior Constable Anthony Brett and Senior Constable Robert Ward that Bornen, who was drunk, acted aggressively towards them, warranting him being handcuffed on the street.

Police had stopped their unmarked patrol car on busy Albion Street in the Ipswich suburb of Brassall with the headlights on, obscuring the view of the approaching car which struck Andrew.

Mr Barnes said a jury would be entitled to find they were placing the youth in danger of being run over. He referred the matter to the Director of Public Prosecutions to decide whether charges should be laid against the two officers.

Mr Barnes criticised the officers for not activating the emergency lights to warn the approaching Ms Hind. Their last minute attempts to warn her failed, he said, and absolved Ms Hind of responsibility for the youth's death.

Ms Hind wept loudly in the arms of friends after the ruling.

Mr Barnes said the officers had not verified the information that they were looking for a man armed with a machete. "I do not accept that on every occasion that an armed man is reported to police, officers should respond as if the subject is likely to kill and maim indiscriminately unless immediately apprehended," he said.

The subsequent death was "the result of a terrible error of judgement on the officers' part". "The actions of the two officers was a substantial and significant cause of Mr Bornen's death," he said.

As well as referring the matter to the DPP, Mr Barnes recommended the police uniform committee consider whether officers should wear reflective material as part of their standard uniform at night.

Bornen's mother, Helen Donaldson, said nothing would bring back "her beautiful boy", the fourth of her eight children, but the inquest went some way to ensure similar events did not reoccur.

General president of the Queensland Police Union, Ian Leavers, said there is nothing in Mr Barnes' findings that imply guilt. "The matter has merely been referred to the DPP to consider the information," Mr Leavers said. He said the QPU will continue to back the policemen.

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