Police officer who shot and killed Gabriel Messo may have committed homicide, coroner says

Stupid armchair criticism of a split-second decision

A junior police officer who gunned down a man as he savagely stabbed his own mother in broad daylight may have committed homicide, according to Victoria's coroner, who has referred the case to state prosecutors.

Gabriel Messo died after being shot three times by a Victoria Police officer who confronted him as he brutally attacked his mother in a public park in Melbourne's north-west about two years ago.

The assault was so ferocious that his mother, Lilla Messo, lost an eye and developed an acquired brain injury. She ultimately survived the attack.

Mr Messo's death was being investigated by the Victorian State Coroner John Cain, who today found that the first two shots fired by Constable Emmanuel Andrew was an acceptable use of force.

"The level of force used was not disproportionate to Constable Andrew's objective to prevent the assault from continuing and to protect Lilla from really serious injury," Judge Cain said.

But Judge Cain said he was "gravely concerned" about the third shot which was fired just five seconds after Gabriel Messo, who was by that point unarmed, had stopped attacking his mother and was moving away from police as he clutched his torso.

"I have formed a belief to the requisite standard that an indictable offence may have been committed by Constable Andrew in connection with Gabriel's death," Judge Cain said.

"The indictable offences I have formed a belief to the requisite standard include but are not limited to … of homicide, causing serious injury intentionally, conduct endangering life or assault."

He has referred the case to Victoria's director of public prosecutions, who will ultimately decide whether to criminally charge Constable Andrew.

Victoria Police Chief Commissioner Shane Patton said he was confident prosecutors would assess whether to lay charges as quickly as possible.

"We will await the findings in due course," the chief commissioner said.

"I know this will be an incredibly difficult time for the member involved and Victoria Police will continue to support him during this process."

Police union backs officers involved in Messo shooting

Police Association of Victoria secretary Wayne Gatt strongly condemned the coroner's findings and said the two police officers attending the Gladstone Park assault had made the right decision.

"We've got a decision to make as a community in Victoria. I can tell you now, police forces around the world are being roundly criticised for attending scenes and doing nothing," Mr Gatt said.

"These officers did something. They went and saved the life of a Victorian, a vulnerable Victorian who had been assaulted there for 17 minutes."

Mr Gatt said the situation needed to be quickly resolved by prosecutors for the benefit of police officers who had been "tormented" by the years-long wait.

He said that he had spoken to both officers and they were shocked by the coroner's findings.

"Does that make us angry? Yes it does," he said.

"Because police officers are asked to do this each and every day, and they shouldn't have to do it under the shadow of this sort of persecution."

Mr Gatt warned the findings could have lasting implications for policing in the state.

"Most people in the community would understand the terrible message this sends to police officers across Victoria," Mr Gatt said.

"Police officers who will get out of their cars and question 'should I rush in and do something or should I sit back, save I be criticised in the cool light of day, years and years later?'"

https://www.abc.net.au/news/2022-12-01/gabriel-messo-coronial-inquest-victoria-police-homicide-finding/101720720

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Washing machine repairman wrongly targeted as a suspect in the William Tyrrell investigation is awarded almost $1.5MILLION in damages

Crooked cops again

A washing machine repairman who was wrongly named as a high-profile suspect in the investigation into William Tyrrell's disappearance will receive almost $1.5million in compensation.

Bill Spedding sued the NSW Police alleging detectives maliciously pursued him while investigating the disappearance of the three-year-old from his foster grandmother's home in Kendall, on the NSW north coast, on September 12, 2014.

His case before the NSW Supreme Court sought compensation for reputational harm and psychological treatment. Mr Spedding also sought exemplary damages to punish police for purportedly using the courts for an improper purpose.

The tradesman was an early high-profile suspect in the disappearance, with police searching Mr Spedding's Bonny Hills home and draining his septic tank in January 2015. But they found no evidence linking him to William. 

A coronial inquest later found Mr Spedding had an alibi on the day of William's disappearance. He was attending a school assembly for a child in his care that day, and had a receipt from a nearby coffee shop. 

During the police investigation into Mr Spedding, the tradesman was charged in April 2015 over the historical child abuse claims, spending 56 days in custody and then being released on strict bail conditions.

The charges were later dropped by prosecutors. 

Mr Spedding alleged that the charges were levelled against him in a bid to intimidate and place pressure on him. 

Mr Spedding's lawyers claimed a police investigation prior to those charges being laid was 'done in extreme haste' in three or four weeks. 

'The investigation was not in any way professional, careful or proper,' said Mr Spedding's lawyer Adrian Canceri during closing submissions in August.

Mr Spedding has claimed the anxiety and depression he suffers were caused by the prosecution and the public attention it brought.

Clear evidence emerged that the complainants had been coached by another person to make allegations and another person's evidence undermined the case, Justice Harrison heard.

Barrister Adrian Williams, for the State of NSW, had argued that misunderstandings occurred but it didn't follow that police were acting maliciously.

William Tyrrell has never been found

https://www.dailymail.co.uk/news/article-11488251/William-Bill-Spedding-awarded-1-5million-damages-malicious-prosecution.html

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