Day One of the hearing...
'Justice For Mark' T-shirts dominated the Dubbo courtroom gallery as the coronial inquest into the death of Mark Edward Mason at Collarenebri began on Monday.
Mr Mason, 44, died on November 11, 2010, from a single gun shot in a confrontation with an officer after he collided with a police vehicle.
Police will allege the shot was a last resort when a Taser and capsicum spray failed to stop him from attacking the senior constable with a tyre lever.
Immediate and extended family members listened as state deputy coroner Scott Mitchell said he was pleased with their support.
"The principle purpose of this is to inform the public," he said.
Detective Sergeant Stewart Leggat of the homicide squad was first brought to the witness box and presented with five documents before being stood down.
Marcia Mason-Hoskings, Mr Mason's sister, then read a statement on behalf of his family.
"He was a devoted family man… but no-one, and I mean no-one, was safe from his pranks," she said.
As Ms Mason-Hoskings cried, one boy sobbed uncontrollably and a distressed girl was led outside.
A move to a different courtroom saw Mr Mason's girlfriend Stacey Adams testify via audiovisual link at Walgett.
With sister Janelle Ward and friend Graham 'Shorty' Peters, she was involved in an alleged assault on the morning of Mr Mason's death.
Warwick Hunt, from the council assisting the coroner, heard relationship issues between Ms Adams and Mr Mason led to an argument.
"I thought he'd settled down… he walked out and then came back in with a knife," Ms Adams said.
She then said they calmed him down and made their way to the Collarenebri Bowling Club, stopping at Mr Mason's house.
A cross-examination from the Mason family's solicitor questioned how much marijuana Ms Adams had smoked before addressing her exact movements to the club.
Ms Adams, Ms Ward and Mr Peters made their way to the police station from the club to report the incident later that day.
The police prosecutor confirmed with Ms Adams that she had found a safe place to stay after officers could not locate Mr Mason later that afternoon.
Janelle Ward was next to be called, also at Walgett, when proceedings were shifted once more to Dubbo District Court.
She detailed a similar account of events to the court, but during the cross-examination was uncertain on how the group made their way to the club, causing frustration for the family solicitor.
Day two of the hearing...
A DELAYED start to day two of the Mark Mason coroner’s inquest in Dubbo on Tuesday saw extended debate over non-publication orders from Monday.
Mr Mason, 44, died on November 11, 2010, from a single gunshot in a confrontation with an officer after he collided with a police vehicle at Collarenebri.
On Tuesday, after court formalities, officer-in-charge Detective Sergeant Stewart Leggat was called to the witness box to read from documents of training records for the involved police officers.
The court heard that not all had completed Aboriginal cultural awareness training.
The matter of locating the bullet at the scene of the shooting on the day was also raised.
“Four officers searched on their hands and knees for the bullet; there were no markings on the wall, and they were unable to locate it,” Detective Sergeant Leggat said.
Detective Senior Constable Phillip Priest, previously of the Oxley crash investigation unit, gave evidence about the assessment of the prior collision between Mr Mason and a police vehicle.
A cross-examination revealed the stretch of the Gwydir Highway had been properly examined, but the speed of the police vehicle before the impact had not been assessed – only the speed on impact.
Matthew Cornwell, a former senior constable who was one of the two officers involved in the collision, was called and told the court he believed Mr Mason disliked authoritative positions, which included police and ambulance crews.
The court heard Mr Cornwell and Senior Constable Jeffrey Kane began a pursuit of Mr Mason after he refused to stop for them.
They were about to terminate the pursuit when Senior Constable Kane noticed Mr Mason was coming back and veering towards them.
He said it looked like a purposeful change of direction.
Earlier evidence heard the police vehicle was rammed.
The court heard Mr Mason was located at the home of Graeme “Shorty” Peters about 9.30pm that day.
The shooting occurred at the property, after police fired a taser and used capsicum spray on Mr Mason, after he brandished a tyre lever.
Day three of the hearing...
THE last horrific moments of the life of Mark Mason were revealed in graphic detail at Dubbo courthouse yesterday as an inquest continued into a police shooting at Collarenebri.
The court room and public gallery - packed with uniformed and plain clothes police and relatives and friends of Mr Mason - watched taser camera footage of his writhing body as multiple taser and capisicum spray deployments failed to stop the 33-year-old allegedly advancing on police with a tyre iron.
Two guns shots could be heard as the footage ended.
Mr Mason died on November 11, 2010 during an emotionally-charged night-time incident at a house in Barwon Street, Collarenebri.
Earlier in the day he had allegedly wielded a knife during a domestic incident and allegedly rammed police vehicles during a police pursuit.
Extra officers were called from nearby areas to assist the limited number of police on duty at Collarenebri.
Sergeant Craig Norton, still a serving officer at Lightning Ridge, and Matthew Cornwell, a former Senior Constable stationed at Collarenbri in November 2010, yesterday spent several hours in the witness box. They presented recollections of events leading up to fatal shooting in intricate detail.
Sgt Norton told of entering the Barwon Street house with other police.
The inquest heard Sgt Norton stepped into the partially opened door of a bedroom and found Mr Mason sitting on a milk crate with his back against the wall.
When challenged by police Mr Mason allegedly stood up and raised a tyre lever over his head.
Fearing he was about to be injured, Sgt Norton drew his firearm and called out "drop it, drop it''.
Fellow police officer Senior Constable Michael Bobako moved forward and deployed his taser.
Sgt Norton took a step back "to create more distance".
"Probes and conductive wires connected with the front of Mr Mason's chest,'' Sgt Norton said.
"He tensed up but was still holding the tyre iron.''
Sgt Norton reholstered his weapon expecting to take control of Mason and make an arrest.
Capsicum spray was deployed by Sgt Norton and Sgt Peter Hayes. Mr Mason turned his head away.
"His eyes were wide open and the spray appeared not to have effect,'' Sgt Norton said.
"I again deployed my spray and Senior Constable Bobako said 'Norto, move over - I am going to drive stun him.''
The inquest heard the taser was pressed into Mr Mason's waistline. He stiffened, fell back onto a bed then "bounced back onto his feet and started to strike out at Senior Constable Bobako with the tyre iron''.
Tasered once again, Mr Mason was not fully incapacitated and "still able to move''.
"He fell towards the bed and dropped to one knee but still had the tyre iron raised above his head,'' Sgt Norton said.
"I deployed a rear push kick, hitting him in the upper shoulder. I had been trying to dislodge the tyre iron.''
The inquest heard Mr Mason stood up and continued to strike at Senior Constable Bobako.
"Mr Mason was striking at him repeatedly as Senior Constable Bobako raised his arm to defend himself,'' Sgt Norton said.
"I decided to draw my firearm to stop the attack. I saw and heard movement as Senior Constable Cornwell also drew his firearm. I heard two gunshots.
"Mr Mason spun to his left and landed face down on the bed. I thought Cornwell had discharged his firearm but concluded Bobako had discharged the rounds.''
The inquest heard of frantic police efforts to provide Mr Mason with first aid as an ambulance was called.
Dina Yehia, senior counsel representing the Mason family, cross-examined Sgt Norton extensively.
The cross-examination will continue when the inquest resumes this morning.
Coverage courtesy of The Daily Liberal The police prosecutor confirmed with Ms Adams that she had found a safe place to stay after officers could not locate Mr Mason later that afternoon.
Janelle Ward was next to be called, also at Walgett, when proceedings were shifted once more to Dubbo District Court.
She detailed a similar account of events to the court, but during the cross-examination was uncertain on how the group made their way to the club, causing frustration for the family solicitor.
Day two of the hearing...
A DELAYED start to day two of the Mark Mason coroner’s inquest in Dubbo on Tuesday saw extended debate over non-publication orders from Monday.
Mr Mason, 44, died on November 11, 2010, from a single gunshot in a confrontation with an officer after he collided with a police vehicle at Collarenebri.
On Tuesday, after court formalities, officer-in-charge Detective Sergeant Stewart Leggat was called to the witness box to read from documents of training records for the involved police officers.
The court heard that not all had completed Aboriginal cultural awareness training.
The matter of locating the bullet at the scene of the shooting on the day was also raised.
“Four officers searched on their hands and knees for the bullet; there were no markings on the wall, and they were unable to locate it,” Detective Sergeant Leggat said.
Detective Senior Constable Phillip Priest, previously of the Oxley crash investigation unit, gave evidence about the assessment of the prior collision between Mr Mason and a police vehicle.
A cross-examination revealed the stretch of the Gwydir Highway had been properly examined, but the speed of the police vehicle before the impact had not been assessed – only the speed on impact.
Matthew Cornwell, a former senior constable who was one of the two officers involved in the collision, was called and told the court he believed Mr Mason disliked authoritative positions, which included police and ambulance crews.
The court heard Mr Cornwell and Senior Constable Jeffrey Kane began a pursuit of Mr Mason after he refused to stop for them.
They were about to terminate the pursuit when Senior Constable Kane noticed Mr Mason was coming back and veering towards them.
He said it looked like a purposeful change of direction.
Earlier evidence heard the police vehicle was rammed.
The court heard Mr Mason was located at the home of Graeme “Shorty” Peters about 9.30pm that day.
The shooting occurred at the property, after police fired a taser and used capsicum spray on Mr Mason, after he brandished a tyre lever.
Day three of the hearing...
THE last horrific moments of the life of Mark Mason were revealed in graphic detail at Dubbo courthouse yesterday as an inquest continued into a police shooting at Collarenebri.
The court room and public gallery - packed with uniformed and plain clothes police and relatives and friends of Mr Mason - watched taser camera footage of his writhing body as multiple taser and capisicum spray deployments failed to stop the 33-year-old allegedly advancing on police with a tyre iron.
Two guns shots could be heard as the footage ended.
Mr Mason died on November 11, 2010 during an emotionally-charged night-time incident at a house in Barwon Street, Collarenebri.
Earlier in the day he had allegedly wielded a knife during a domestic incident and allegedly rammed police vehicles during a police pursuit.
Extra officers were called from nearby areas to assist the limited number of police on duty at Collarenebri.
Sergeant Craig Norton, still a serving officer at Lightning Ridge, and Matthew Cornwell, a former Senior Constable stationed at Collarenbri in November 2010, yesterday spent several hours in the witness box. They presented recollections of events leading up to fatal shooting in intricate detail.
Sgt Norton told of entering the Barwon Street house with other police.
The inquest heard Sgt Norton stepped into the partially opened door of a bedroom and found Mr Mason sitting on a milk crate with his back against the wall.
When challenged by police Mr Mason allegedly stood up and raised a tyre lever over his head.
Fearing he was about to be injured, Sgt Norton drew his firearm and called out "drop it, drop it''.
Fellow police officer Senior Constable Michael Bobako moved forward and deployed his taser.
Sgt Norton took a step back "to create more distance".
"Probes and conductive wires connected with the front of Mr Mason's chest,'' Sgt Norton said.
"He tensed up but was still holding the tyre iron.''
Sgt Norton reholstered his weapon expecting to take control of Mason and make an arrest.
Capsicum spray was deployed by Sgt Norton and Sgt Peter Hayes. Mr Mason turned his head away.
"His eyes were wide open and the spray appeared not to have effect,'' Sgt Norton said.
"I again deployed my spray and Senior Constable Bobako said 'Norto, move over - I am going to drive stun him.''
The inquest heard the taser was pressed into Mr Mason's waistline. He stiffened, fell back onto a bed then "bounced back onto his feet and started to strike out at Senior Constable Bobako with the tyre iron''.
Tasered once again, Mr Mason was not fully incapacitated and "still able to move''.
"He fell towards the bed and dropped to one knee but still had the tyre iron raised above his head,'' Sgt Norton said.
"I deployed a rear push kick, hitting him in the upper shoulder. I had been trying to dislodge the tyre iron.''
The inquest heard Mr Mason stood up and continued to strike at Senior Constable Bobako.
"Mr Mason was striking at him repeatedly as Senior Constable Bobako raised his arm to defend himself,'' Sgt Norton said.
"I decided to draw my firearm to stop the attack. I saw and heard movement as Senior Constable Cornwell also drew his firearm. I heard two gunshots.
"Mr Mason spun to his left and landed face down on the bed. I thought Cornwell had discharged his firearm but concluded Bobako had discharged the rounds.''
The inquest heard of frantic police efforts to provide Mr Mason with first aid as an ambulance was called.
Dina Yehia, senior counsel representing the Mason family, cross-examined Sgt Norton extensively.
The cross-examination will continue when the inquest resumes this morning.
Day four…
An inquest into a fatal police shooting asked why officers on the scene did not retreat and attempt to negotiate with a man who was tasered and doused in capsicum spray multiple times before two shots were fired, at Dubbo court on Thursday.
Mark Mason died on November 11, 2010 in the bedroom of a house in Barwon Street, Collarenebri.
Earlier in the day the 33-year-old allegedly wielded a knife during a domestic incident and had allegedly rammed into a police car during a 1.3km police pursuit.
Mr Mason allegedly fled from the accident scene on foot.
Two injured police officers were taken to hospital.
Police from nearby areas were called to assist the limited number of police available at Collarenebri.
Deputy State Coroner Magistrate Scott Mitchell criticised “an apparent lack of planning” before police entered a Barwon Street house to search for Mr Mason.
“Would it not have been a good idea (for police) to contact members of Mr Mason’s family or Aboriginal elders?” Magistrate Mitchell asked Sergeant Craig Norton, who was being cross-examined after giving evidence.
“Would it have been good to have reduced the tension and calmed Mr Mason down?”
Sergeant Norton told the court the police handbook clearly stated family members and third parties were not to be used in negotiations because they could possibly inflame the situation and place themselves and others in danger.
Magistrate Mitchell said the police handbook “may do with some revision’’.
“A police officer was injured and a citizen was killed,” he said.
“It was not a positive outcome. The results were terrible.”
Ray Hood, the barrister representing NSW Police, said Mr Mason was ultimately shot because he was striking at police (with a tyre lever).
Magistrate Mitchell interjected: “That is far from established,” he said.
“I cannot accept all the blame is on Mr Mason at this stage.
“Was there a better way and was the planning adequate?
“After he was tasered Mr Mason may not have been thinking clearly.
“[The arrival] of five police at the house would have been frightening.”
Sergeant Norton said police were often required to formulate plans on the run, relying on their skills and experience.
He said police had no idea of the layout of the Barwon Street house, if Mr Mason was inside or where he may be located.
“Every situation is different,” Sergeant Norton said.
“[We] relied on [the] tactical options model and continued assessment of the situation.
“The actions of Mr Mason did not give police the opportunity to tactically disengage, retreat or call for negotiations.”
Evidence was presented from Inspector Peter Hayes of Deniliquin who had been a Detective Sergeant at Walgett at the time of the November 11, 2010 shooting.
As he entered the Barwon Street house Inspector Hayes could see other officers with Mr Mason.
A taser was cycling and capsicum spray had been used.
“I could hear Mr Mason screaming, he appeared slightly affected (by the charge) and was fighting the taser,’’ Inspector Hayes said.
“I directed capsicum spray into his face. More taser use had little effect. Mr Mason continued to swing the tyre lever (at police).’’
After the shooting, Inspector Hayes rolled Mr Mason into a recovery position, handcuffed him and checked for a pulse.
The inquest heard Mr Mason continued to resist police.
Inspector Hayes picked up a pillow from the corner of the bedroom and applied pressure to Mr Mason’s wounds.
Resuscitation was performed and timber was placed under Mr Mason’s back to provide purchase as cardiac compression was applied.
Mr Mason died at the scene.
During Thursday afternoon’s session the inquest saw more footage from two taser cameras showing the final moments of Mr Mason’s life.
Evidence was heard from Inspector Andrew Spliet, a duty officer from Walgett who had been called to Collarenebri.
Inspector Spliet provided a detailed narrative of the planning and processes involved in the search for Mr Mason and the events leading up to his death.
He told the court Mr Mason was “flogging as hard as he could” at Senior Constable Michael Bobako with the tyre lever.
“It was as if he was trying to knock off his head,’’ Inspector Spliet said.
The inquest heard Senior Constable Bobako discharged two shots.
Inspector Spliet said in his view Senior Constable Bobako was justified in the use of his firearm.
Day five…
ATTEMPTS to view freeze-frame taser camera images of a fatal police shooting were aborted at an inquest in Dubbo on Friday when a laptop computer could not be connected to a courtroom monitor system.
Ray Hood, the barrister representing the NSW Police Force, started to show the freeze-frame images during cross-examination of Inspector Andrew Spliet, the Walgett-based duty officer in charge when Mark Mason was shot in the bedroom of a house at Collarenebri on
November 11, 2010.
Legal counsel bunched together near the witness box in an attempt to see the laptop screen.
Deputy State Coroner Magistrate Scott Mitchell stopped the use of the laptop because the freeze-frame footage was not available to all legal practitioners and could not be seen by everyone in the court room.
The court decided to suspend the cross-examination of Inspector Spliet until the next inquest session, scheduled to be held on October 3, 4 and 5.
Plans to hear evidence from Senior Constable Michael Bobako, the officer who fired the fatal shots, were also suspended because the freeze-frame taser camera images could not be used.
“I’m sure Senior Constable Bobako would like to get his evidence over and done with,’’ Magistrate Mitchell said.
“But it would not be fair to him to stop and start the evidence.’’
Magistrate Mitchell apologised to members of Mr Mason’s family who had sat in the public gallery each day wearing “Justice for Mark” t-shirts and jackets.
“I am sorry we have not been able to finish this week,’’ he said.
The inquest will resume in October. - Stories courtesy of the Dubbo Daily Liberal