A New South Wales coroner is set to depend heavily on eyewitness accounts due to the absence of police body-worn camera footage in the inquest into the death of Krista Li-Chin Kach, a Newcastle woman who died over two years ago. Ms. Kach, 47, succumbed after being tasered and struck by a beanbag round during a 10-hour standoff with police on September 14, 2023.
Beanbag rounds, often described as a “less-than-lethal option,” are used by law enforcement to manage situations without resorting to lethal ammunition. At the time of the incident, Ms. Kach’s family criticized the police’s actions, who claimed they acted in response to threats involving an axe. State Coroner Teresa O’Sullivan is now presiding over the inquest to determine the manner and cause of Ms. Kach’s death, with a directions hearing held today.
Absence of Body-Worn Camera Footage
The inquest faces challenges due to the lack of body-worn video evidence. Elliot Rowe, the solicitor for Ms. Kach’s family, emphasized the importance of eyewitness testimony in the absence of such video evidence. “There are a number of matters I’d like you to consider, and that is the centrality of the witness evidence,” Mr. Rowe stated. “They clearly are very important witnesses in this inquest, being tactical officers present at the time, they are primary eyewitnesses.”
Mr. Rowe highlighted that the coroner would rely significantly on these accounts, given the absence of objective evidence like body-worn video. “This is a case where there is an absence of objective type of evidence, such as body-worn video,” he noted. “So it heightens the reliance on the evidence of their testimony. There is a strong public interest in these witnesses coming to court to give evidence.”
In New South Wales, police officers are required to wear body-worn cameras and are advised on specific situations where they “should” rather than “must” activate them. The Law Enforcement Commission has recommended that officers “must” turn on their cameras before exercising their powers.
Comprehensive Police Brief
Sophie Callan SC, counsel assisting the coroner, informed the inquest about the extensive brief of evidence prepared, consisting of 10 volumes of paper material and 48 tabs of electronic material. The coroner was informed that multiple witnesses, including two tactical response officers present at the scene, would be called to testify.
The court heard that both officers had submitted statements but requested to be excused from giving in-person evidence for undisclosed legal reasons. Mr. Rowe suggested that the officers could take frequent breaks if they were to testify in person. Ms. Callan mentioned that both officers agreed to respond to questions in writing and did not oppose their application to be excused from appearing in person.
“Having regard to the absence of objective evidence such as body-worn video, it is my submission there is a fairly compelling body of evidence as to both officers,” Ms. Callan said. “There is a sound basis for the [officers’] applications to be upheld.”
Insights into Police Protocols and Tactical Equipment
The inquest will delve into the protocols surrounding the use of body-worn cameras by NSW Police, particularly by tactical officers. Ms. O’Sullivan is expected to rule on the officers’ application to be excused from in-person testimony by Friday.
Beanbag rounds, also known as Super Sock rounds, are described as small, pillow-like fabric sacks filled with lead balls, typically fired from a 12-gauge shotgun. The inquest will hear evidence about the manufacturing of the Super Sock firearm used in Ms. Kach’s case. Additionally, a UK police expert on sieges and firearms use in mental health-related incidents will provide testimony.
Ms. Callan noted that evidence from NSW Health had been requested regarding a “co-responder model” utilized in the Hunter New England Health District for mental health emergencies. The inquest, scheduled to begin next month, will take place over two weeks at Newcastle Courthouse and Lidcombe in Sydney.
Looking Ahead
The inquest into Krista Kach’s death highlights ongoing debates about police use of force and the importance of body-worn cameras in providing objective evidence. As the proceedings unfold, the outcomes may influence future policies and practices regarding the use of less-than-lethal options and the activation of body-worn cameras by law enforcement officers.
With the inquest set to begin soon, the findings could have significant implications for policing standards and the handling of critical incidents involving individuals with mental health challenges. The public and stakeholders alike await the coroner’s conclusions, which may shape future law enforcement protocols and accountability measures.
