The Queensland Coroner has ruled that a police officer was entitled to engage in an attempted intercept in the lead-up to the death of a Maryborough motorcyclist two and a half years ago.
Damian John Lawton, 26, died on May 30, 2020, when he crashed his motorcycle into a car at a Maryborough intersection while he was being pursued by a police officer on a motorcycle.
Six witnesses gave evidence during the two-day inquest, including responding officer Senior Constable Terrence Parker, fellow police motorcyclist Sergeant Joshua Churchward and several eyewitnesses.
The Maryborough court was shown body-worn camera footage of the pursuit, during which Senior Constable Parker reached speeds of more than 150 kilometres per hour.
Senior Constable Parker maintained the pursuit for less than 60 seconds and abandoned the chase moments before Mr Lawton rode through a stop sign and crashed.
The inquest examined the circumstances surrounding the pursuit and Senior Constable Parker's decision-making and actions.
In final submissions on Tuesday, counsel assisting the Coroner Sarah Sio-Willie said Senior Constable Parker was not in a position to safely intercept Mr Lawton.
But barrister Troy Schmidt, representing Senior Constable Parker, submitted the officer acted appropriately and conducted multiple risk assessments during the pursuit.
'Entitled' to intercept
In handing down his findings, State Coroner Terry Ryan said there was no hard evidence as to whether Mr Lawton was aware Senior Constable Parker was following him with his lights and sirens on, given the distance between them and the noise of Mr Lawton's Suzuki, which had no rear vision mirrors.
"Mr Lawton was unlicensed and riding an unregistered motorcycle," Magistrate Ryan said.
"After encountering Senior Constable Parker on Bryant Street he would've been motivated to put distance between himself and Senior Constable Parker to avoid detection of police, given the likelihood that he would have faced further criminal charges, fines or imprisonment."
Magistrate Ryan said he found Senior Constable Parker to be a credible witness.
"He was an experienced police motorcycle rider with over 20 years of service," he said.
"While this incident has clearly affected him, he was able to give a coherent account of his actions with reference to the body-worn camera footage.
"I agree, with the benefit of hindsight, that it was unlikely that Senior Constable Parker would have caught up to Mr Lawton.
"However, that does not mean that he was not entitled to attempt an interception in the performance of his duties as an officer in the road policing unit."
Magistrate Ryan made no recommendations, but noted the Queensland Police Service was already reviewing its safe driving and pursuit policy following a recommendation by Deputy State Coroner Jane Bentley, who investigated the death of Logan Dreier on October 14, 2021.
"I have been provided with evidence that the relevant policies are being reviewed by the state driving working group and that this work is nearing completion," Magistrate Ryan said.
"I was also provided evidence that the QPS has also enhanced both face-to-face training for officers and online learning products following the recommendations of the Deputy State Coroner."
