Oct 2000 Volume 81 Number 10 "serving the protectors"

THE IMPORTANCE OF INDEMNIFICATION

The Police Association’s thoughts are with the family of Luke Donaghey, whose recent death was tragic. But his death also affected the lives of the police officers involved - as well as their families.

The Coroner found our member justified in firing his weapon; that he had done so to prevent the death of, or serious injury to, his partner; and that he had fired in accordance with police general orders.

The Coroner’s findings concluded that the police had entered the house with the best intentions, but were unfortunately unaware of Donaghey’s agitated, psychotic state.

Police training and the mental health system - both of which the Coroner spoke - emerge as particularly serious issues from his findings. He even recommended changes to the Mental Health Act.

The Donaghey case has been yet another example of police responding to a situation made needlessly dangerous through insufficient funding of the health portfolio.

The Coroner rightly remarked that police officers would face many more front-line encounters with the mentally ill - for which they will need expert assistance.

The Police Association is concerned that some of its members in the Donaghey case were, for the inquest, denied departmental and/or Crown legal representation. And advice of this denial was provided only seven days before the inquest.

The association consequently provided the officers’ legal representation funding.

This intolerable situation highlights the need for police officers to be fully indemnified by their employer while acting in the course of their duties.

Peter Alexander
President

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