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Lawyers acting for the families of police officers gunned down at a remote property west of Brisbane three years ago say they’ve launched legal action against the NSW and Queensland police for damages and psychological injuries.
Constables Rachel McCrow and Matthew Arnold were ambushed and killed by religious fanatics and conspiracy theorists Nathaniel, Gareth and Stacey Train at their Wieambilla property on December 12, 2022.
A five-week coronial inquest into their deaths was held last year, with Queensland State Coroner Terry Ryan delivering findings last month.
The families of Rachel McCrow and Matthew Arnold, led by Judy McCrow, outside Brisbane Magistrates Court after State Coroner Terry Ryan handed down his findings into the Wieambilla ambush.Credit: Cameron Atfield
The inquest heard evidence from NSW police, who admitted they failed to share potentially critical information with Queensland police ahead of the attack. Other witnesses shared knowledge of digital black spots affecting communication, and inadequate police resources and training.
Brandon & Gullo Personal Injury Lawyers said they had filed documents with the Supreme Court of Brisbane on behalf McCrow’s mother, Judy, her daughter, Samantha, and her stepfather, Andrew Keetley, as well as Arnold’s parents, Terrence and Suzanne, and his sister, Hayley, for damages for nervous shock (psychological injuries) suffered as a result of the murders.
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Solicitor Kirk Watterston said the families showed inconceivable strength by attending the inquest, where they heard testimony from NSW and Queensland police that they believe showed evidence of alleged negligence.
“Almost three years has passed since those tragic events took place on 12 December 2022, yet our clients continue to suffer from severe and debilitating psychological injuries,” he said.
“Based upon the evidence they observed throughout the inquest, our clients find it hard to understand or accept the findings that were recently given by the coroner.
“They believe that pertinent evidence was overlooked and not fully considered.”
NSW police revealed during the inquest that they had knowledge of threatening emails written by Gareth Train about Queensland police that were not shared with interstate colleagues.
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Multiple officers testified that they were unable to make radio contact during the shootout, which was in a known digital black spot, while a senior investigator for the Ethical Standards Command investigation spoke of potential improvements in police operations.
Ryan said it was “difficult to see” how any police officer would have been equipped to respond to the events at the rural property, adding it was “regrettable” that NSW police had not forwarded information to the QPS that could have informed the officers’ risk assessment of the situation.
“Even if they had been wearing a vest with hard armoured plates, I am not satisfied that this additional ballistic protection may have prevented their deaths,” he said.
“The missed opportunities for further inquiries to have been made must be extremely distressing for the families of Constable Arnold, Constable McCrow and Mr Dare [a neighbour, who was also gunned down].”
Ryan made 10 recommendations focused on enhancing police safety, including the provision of more drones for remote and rural Queensland police to help with risk assessments.
Watterston said the families of McCrow and Arnold “are determined to invoke significant changes to the training, policies and procedures of the New South Wales Police Force and Queensland Police Service in an effort to protect the lives of police officers, now and into the future”.
“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.”
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