A NSW environment officer involved in a terrifying standoff with farmer Ian Turnbull that ended with his colleague being shot dead has successfully sued Turnbull's estate for damages.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
Robert Strange, an officer at the Office of Environment and Heritage, was threatened with a bullet "in the heart" during the ordeal in which Turnbull killed his colleague Glen Turner with a hunting rifle.
Mr Turner had been investigating Turnbull for illegal clearing of native vegetation and the two men were carrying out what should have been a routine visit of land around Turnbull's property at Croppa Creek, near Moree, in July 2014.
The environment protection officers were standing on public land near Turnbull's property when the farmer used a hunting rifle that he kept in his ute for shooting wild pigs and kangaroos to kill Mr Turner.
Turnbull was convicted of Mr Turner's murder and jailed in June last year for a maximum of 35 years.
He died of a heart attack in March before his appeal against sentence could be heard on May 31.
RELATED READING:
Mr Strange sued Turnbull's estate for negligence, assault and false imprisonment.
He gave evidence in the Supreme Court that he pleaded with Turnbull to let them go but the farmer told him they were "not going anywhere" and warned Mr Strange to "move back or you'll get one in the heart".
"Every time I saw him look away I tried to move forward toward the vehicle to be near Glen but he kept pointing the gun back at me and threatened to shoot me if I went any closer," Mr Strange said in a statement.
"At one stage Turnbull pointed the gun directly at me and said: 'Don't move, I've told you get back or I will f---ing shoot you too.'"
Todd Alexis, SC, acting for the executors of Turnbull's estate, said there was no dispute the negligence claim should succeed and judgment was entered in Mr Strange's favour.
But Mr Alexis said the assault and false imprisonment claims would be defended on the basis Turnbull did not intend to hurt Mr Strange.
In a statement made shortly before his death, Turnbull said his "focus was on Mr Turner" and he had "no intention of causing any harm, injury or death to Mr Strange".
"At the end, I recall telling him that he could go and that I would be waiting at home for the police," Turnbull said.
Supreme Court Justice Robert Allan Hulme said he had "very grave misgivings about the viability of a defence" to the assault and false imprisonment claims but the executors of Turnbull's estate should not be deprived on an opportunity to litigate the issues.
Justice Hulme entered judgment in Mr Strange's favour on the negligence claim. Damages will be assessed at a later date.
