Victoria Police Officers Request Immunity in Indigenous Custody Death Inquest
Eleven police officers from Victoria have formally sought certificates to protect themselves from potential self-incrimination as a two-week inquest commences into the tragic death of Noongar man Jeffrey Winmar. The request was made by the Victoria police chief commissioner at the outset of the proceedings in Melbourne's coroner's court.
Details of the Incident and Arrest
Jeffrey Winmar, a 28-year-old Indigenous man, passed away in Box Hill hospital on November 11, 2023, just two days after being pursued and arrested by police officers. The incident unfolded on November 9 when police attempted to arrest Winmar at a residential address in Burwood, located in Melbourne's eastern suburbs. Winmar fled the scene, scaling the property's roof and jumping over multiple fences in an attempt to evade capture.
Body-worn camera footage presented to the Victorian coroner's court on Monday depicted Winmar collapsing to the ground after being confronted by a police dog and its handler. The footage showed that Winmar lost consciousness after being cornered by the dog unit. Officers subsequently handcuffed him before detectives realized he was unresponsive and placed him into the recovery position.
Critical Gaps in Evidence and Medical Response
Significantly, there was no further footage available of the incident because the dog handler moved away from the scene, and detectives involved were not required to have body-worn cameras installed. The court heard that police cancelled two initial calls for an ambulance, though paramedics ultimately attended after Winmar went into cardiac arrest.
Medical examination determined that Winmar died as a result of multi-organ failure in the setting of methamphetamine use. However, the precise cause of the organ failure and whether earlier medical intervention could have prevented his death remain central questions for the inquest to examine.
Police Review and Legal Proceedings
A Victoria police internal review into the incident concluded that officers had acted appropriately and complied with all relevant policies. Despite this finding, police barrister Marion Isobel applied for certificates on behalf of the eleven officers called to give evidence, citing concerns about potential self-incrimination. These certificates would shield the officers from facing disciplinary action based on their testimony.
Barristers representing Winmar's parents strongly opposed the applications, arguing they were inappropriate for the circumstances. Coroner Sarah Gebert considered the applications and accepted there were reasonable grounds for granting at least one certificate. Leading Senior Constable Jason Nowakowski, the police dog handler involved in the arrest, was granted immunity and testified that he was unaware Winmar was Aboriginal or had a fear of dogs.
Family's Quest for Accountability
Winmar's father, Jeffrey Anderson, expressed profound concerns about police actions through a statement read by his daughter Rosie outside the courthouse. "What happened to Jeff is not right," the statement declared. "Jeff didn't die on his own. There needs to be accountability." Winmar's mother, Ursulla, echoed these sentiments, stating she was seeking justice for her son and hoped those responsible would be held accountable.
The inquest, scheduled to continue for two weeks, will scrutinize police actions during the planned arrest and examine whether systemic failures contributed to Winmar's death. The case has drawn significant attention to ongoing concerns about Indigenous deaths in custody and police accountability in Australia.
