The grieving families of two young police officers murdered in a horrific ambush have launched a landmark legal action, alleging negligence by two state police forces contributed to their deaths.
Families Launch Legal Claim for Damages
Almost three years after the tragedy, the families of Constables Rachel McCrow, 29, and Matthew Arnold, 26, have lodged a formal claim for damages against both the New South Wales and Queensland Police services. They cite debilitating psychological injuries stemming from the events of December 12, 2022.
Their solicitor, Kirk Watterson of Brandon & Gullo Lawyers, stated, "Our clients are confident that, but for the alleged negligence of the NSW and the Queensland Police Service, Constable Rachel McCrow and Constable Matthew Arnold would still be alive... preparing to spend Christmas with their respective families."
He emphasised that the suffering endured by the officers' loved ones "extends beyond ordinary grief," adding the poignant observation that "time does not heal all wounds."
A Confronting Inquest and Unanswered Questions
The legal move follows a five-week coronial inquest in 2024 into the shootings, during which the families sat through harrowing testimony. Coroner Terry Ryan delivered his findings in November 2024.
Mr Watterson noted the families had shown "inconceivable strength" in attending the inquest but found it difficult to accept the conclusions. He said they believe pertinent evidence was either overlooked or not fully considered by the coroner.
Coroner Ryan found the incident could not have been predicted, stating that "no government or other authority had information which would have indicated a risk" of the Wieambilla shootings. He also found the officers were adequately trained and equipped for the routine welfare check they expected to perform.
Alleged Failures in Information Sharing
The inquest revealed a critical breakdown in communication between the two police services. Constables Arnold and McCrow were visiting a remote property west of Brisbane to conduct a welfare check on Nathaniel Train on behalf of NSW Police.
It was heard that NSW Police did not share information with their Queensland counterparts, including emails from Gareth Train that threatened violence should police enter his property. Coroner Ryan found that while Queensland officers would have had the opportunity for a more complete risk assessment with those emails, it might not have ultimately changed the outcome.
Soon after the officers arrived at the Wieambilla property, they were gunned down by the delusional trio: brothers Nathaniel and Gareth Train, and Gareth's wife, Stacey Train. Neighbour Alan Dare was also shot dead when he investigated the gunfire. The Trains were later killed in a shootout with specialist police after an hours-long siege, bringing the total death toll to six.
A Fight for Change and Accountability
The legal claim requires the parties to attend a compulsory conference. If a settlement cannot be negotiated, court proceedings will commence, detailing the allegations of negligence and the resulting injuries suffered.
Mr Watterson stated that the families' pursuit is about more than compensation. "Our clients are determined to invoke significant changes to the training, policies and procedures of the NSW Police Force and Queensland Police Service in an effort to protect the lives of police officers, now and into the future," he said.
"They also want to ensure that the families of those police officers never have to suffer the kind of pain and loss that they now endure."
