The identity of a police officer responsible for a fatal shooting in regional WA can now be revealed after a Supreme Court judge lifted a suppression order ahead of an inquest into the Indigenous woman's death.
WARNING: Aboriginal and Torres Strait Islander readers are advised this article contains an image and video footage of a person who has died.
On 17 September 2019, Constable Brent Mitchell Wyndham shot the 29-year-old Yamatji woman, who for cultural reasons is referred to as JC, during a confrontation on a street in the Midwest city of Geraldton, about 400 kilometres north of Perth.
JC was carrying a knife and a pair of scissors, and the shooting happened when she was surrounded by eight police officers who had responded in four cars to a triple-0 call from a member of the public.
Constable Wyndham, who is still serving in the WA police, was the only officer to draw his gun, which he fired just 16 seconds after getting out of his vehicle.
Constable Wyndham was charged with JC's murder — the first WA police officer to face the accusation in the line of duty in almost 100 years — and he faced trial in the Supreme Court over three weeks in October 2021.
Dispute over CCTV footage
CCTV of the fatal shooting was played to the court, and while prosecutors argued it showed JC not taking any steps towards the officers, the defence maintained the vision was not clear enough to see any movement by her.
Mr Wyndham elected to give evidence at the trial, testifying he fired his gun because JC refused repeated demands to drop the knife and he feared she was about to stab him or his colleagues.
The jury deliberated for about three hours before finding Mr Wyndham not guilty of murder and the lesser offence of manslaughter.
Because JC's death was the result of a police shooting, a coronial inquest is mandatory, and a hearing is scheduled to begin in Geraldton on July 1.
Ahead of the inquest, JC's family members, who attended every day of Mr Wyndham's trial, applied to the trial judge Robert Mitchell to lift the suppression order on Mr Wyndham's identity.
At a hearing in April, lawyers for JC's sister Bernadette Clarke argued it was not in the interest of justice for the non-publication of his identity to be maintained.
The application was opposed by Mr Wyndham and the Commissioner of Police, whose lawyers argued if his identity was made public it would pose a risk to him, his family and other officers.
They also suggested that the lifting of the suppression order would lead to the Aboriginal community feeling further distrust and animosity towards police.
Sunlight best disinfectant: judge
However, in his ruling Justice Mitchell said while he accepted a level of distrust and animosity did exist, keeping a ban on revealing Mr Wyndham's identity would only likely foster those feelings.
"This is a case where, in my view, sunlight is the best disinfectant," he said.
"Openness is more likely to increase rather than reduce the level of trust members of the Aboriginal Community have in the police force."
Justice Mitchell described it as "most exceptional" for the identity of a person charged with murder to be suppressed and said it suggested a police officer was receiving preferential treatment.
"The continuation of the suppression order will tend to undermine the community's confidence in the impartiality of the courts in administering criminal justice," he said.
" … the perceptions of preferential treatment apt to be created by the order are a factor to be considered in determining where the interests of justice ultimately lie."
'No evidence' of threats
The ruling noted that throughout the court proceedings, Mr Wyndham's identity was regularly mentioned and despite JC's family and many in the Geraldton community already knowing who he was, there was no evidence he had been the target of any threats or violence.
"On balance, the nature and extent of the risk of harm to [Mr Wyndham] and his family is not sufficient … to warrant a continuation of the departure from the open justice principle," Justice Mitchell found.
Evidence was given by JC's sister that the suppression order had affected her family and community, and that allowing the officer to be identified would help them in the grieving process.
Importantly, Justice Mitchell said the case involved a public officer exercising public powers who claimed his use of lethal force was authorised and justified.
"The public has an interest in the full public examination of, and discussion about, that conduct," he said.
"In my view the continuation of the Identity Suppression Order does have the potential to restrict or stymie public discussion about important issues arising from the fatal police interaction with JC on 17 September, 2019."
Justice Mitchell made his ruling weeks ago, but he ruled the suppression order remain in place until 5pm on Friday to allow Mr Wyndham time to lodge an appeal.
However, no appeal has been lodged, meaning the officer's identity can now be made public.
Loading
