IPCA findings on the shooting of Shayne Sime

IPCA findings

1. In the Authority's opinion the Police were justified in arming themselves and deploying the Armed Offenders Squad to deal with the situation. There is no evidence that the actions of Police were contrary to law, unreasonable, unjustified, unfair or undesirable.

2. In accordance with Section 27, Independent Police Conduct Authority Act 1988, the Authority has formed the opinion that, under the circumstances as they believed them to be, Constables A, B, C, and D were justified (under Sections 39 & 48 of the Crimes Act 1961) in using lethal force to defend themselves, other members of Police and the public generally and also that the officers concerned were justified in firing the additional shots fired by them. There is no evidence that the actions of the officers were contrary to law, unreasonable, unjustified, unfair or undesirable.

3. In accordance with Section 27, Independent Police Conduct Authority Act 1988, the Authority has formed the opinion that the Police adopted sound procedures and tactics in an endeavour to achieve a peaceful resolution of the incident. All tactical options were considered and immediately before Mr Sime confronted the officers and began firing on them, Police were preparing to execute a gas plan that, at some risk to their personal safety, may have achieved this result. There is no evidence that any of the actions of Police were contrary to law, unreasonable, unjustified, unfair or undesirable.

4. In accordance with Section 27, Independent Police Conduct Authority Act 1988, the Authority has formed the opinion that the Police did comply with all relevant policies and best practice in relation to communication, and in relation to command and control. A significant level of experience was available and utilised from the outset of the incident. There is no evidence that the actions of Police were contrary to law, unreasonable, unjustified, unfair or undesirable.

5. In accordance with Section 27, Independent Police Conduct Authority Act 1988, the Authority has formed the opinion that all reasonable medical assistance was arranged and given to Shayne Richard Sime after he was shot and there is no evidence that the actions of Police were contrary to law, unreasonable, unjustified, unfair or undesirable.

6. In accordance with Section 27, Independent Police Conduct Authority Act 1988, the Authority has formed the opinion that Police records indicate some doubt that Mr Sime was a suitable person to have been granted a Firearms Licence and more intensive inquiry may have prevented the licence being issued to him. This does not however represent misconduct or neglect of duty on the part of any Police employee and there is no evidence that the actions of Police were contrary to law, unreasonable, unjustified, unfair or undesirable.

7. In accordance with Section 27, Independent Police Conduct Authority Act 1988, the Authority has formed the opinion that Police responding to the reported incident of Mr Sime discharging a shotgun on 8 February 2009 investigated but did not discover further evidence that would have enabled them to take prosecution action or remove the weapons from Mr Sime's possession. The unsubstantiated information that he had used a shotgun rather than an air pistol did not emerge until after he had been shot on 28 June 2009. There is no evidence that the actions of Police were contrary to law, unreasonable, unjustified, unfair or undesirable.

Recommendations by the IPCA

1. That communications on encrypted radio channels used by the Armed Offenders Squad and Special Tactics Group should be recorded.

2. That the training and guidelines provided to Arms Officers should be reviewed to ensure that there is clear understanding of the levels at which firearms licences may be routinely issued, and more clearly determine the point where applications should be referred to senior officers for adjudication.

3. That there be independent, random auditing of firearms licence application files to ensure that the guidelines are consistently and accurately followed.