Inquest into the Death of Joseph Charles ABELA

Inquest into the Death of Joseph Charles ABELA

Delivered on : 31 July 2024

Delivered at : Perth

Finding of : Coroner Jenkin

Recommendations :Yes

Recommendation No. 1

The Department of Justice should amend relevant policies to ensure that when a prisoner who is being held on remand and is the subject of a Form 1A under the Mental Health Act 2014 (WA) (requiring the person be examined by a psychiatrist at an authorised hospital), appears before any court in relation to an application for bail or sentence, the presiding judicial officer of that court is made aware of the existence of the Form 1A, and the options which are available to the Court in terms of dealing with that prisoner.

Recommendation No. 2

In order to ensure that the mental health of prisoners can be more effectively managed, the Department of Justice (the Department) should seek approval from State Forensic Mental Health Services for all psychiatrists and mental health clinicians employed by the Department to have read-only access to the Psychiatric Services Online Information System, otherwise known as PSOLIS.

Recommendation No. 3

The Department of Justice and the Department of Health should confer and identify and implement strategies to ensure the effective management of the mental health of persons admitted to prison whilst the subject of a Community Treatment Order made under the Mental Health Act 2014 (WA), who are subsequently released.

Orders/Rules : No

Suppression Order : Yes

On the basis that it would be contrary to the public interest, I make an Order under section 49(1)(b) of the Coroners Act 1996 that there be no reporting or publication of any document or evidence that would reveal police policies and standard operating procedures, tactics, or training methods in relation to the use of force, including, but not limited to, firearms.

Summary : Joseph Charles Abela (Joseph) was 34-years of age when he died on 25 October 2021, after being shot by police who were attending his home to conduct a mental health check.  Immediately prior to his death, Joseph had been stabbing at an officer with a plasterer’s saw

Joseph had an extensive mental health history and he experienced his first psychotic episode when he was 16 years of age.  He had multiple admissions to hospital and he received various diagnoses, including: paranoid and catatonic schizophrenia, and antisocial personality disorder.  Joseph also had a significant history of suicide attempts, and a longstanding history of polysubstance use (including alcohol, cannabis, and methylamphetamine) and this complicated the management of his mental health.  Joseph was reported to have an obsession with weapons and he often went armed in public.

Joseph’s behaviour was often volatile and aggressive, especially when he was unmedicated, and he was difficult to engage in the community.  His frequent non-compliance with his medication regime was related to his chronic lack of insight into his mental illness and his need for treatment, and Joseph routinely refused to voluntarily interact with his local community mental health service (the Service).

In the past, Joseph had been managed assertively by the State Forensic Mental Health Team on community treatment orders (CTO) and given depot injections of antipsychotic medication.  However, despite the level of risk he posed to himself and others when unmedicated, Joseph’s last depot injection before his death occurred on 1 March 2021.  Although Joseph was assessed on several occasions by the Service, he declined to engage.  Although it was known that Joseph was unmedicated and was refusing to accept depot injections, Joseph was not placed on a CTO.

At the time of his death, Joseph was renting a room in a house in Gosnells.  By 21 October 2021, the owner of the property had become so concerned about Joseph’s paranoid behaviour, that he told Joseph he would have to leave.  In the early hours of 25 October 2021, the home owner returned home and was confronted by Joseph who threatened to burn the house down if the homeowner contacted mental health services.  The homeowner left the house and contacted police.

Four police officers attended to conduct a mental health check, and although they made concerted efforts to de-escalate the situation, Joseph was highly aroused and aggressive and he used a plasterer’s saw with a serrated 15 cm blade to repeatedly stab at the officers.  When it appeared that Joseph was about to stab one of the officers to death, Joseph was shot by police and he died at the scene.

After carefully considering the available evidence, the coroner was satisfied that the use of force by police officers on 25 October 2021, was justified by the circumstances those officers found themselves in, and was in accordance with the provisions of the Criminal Code, the Police Manual, and relevant policies and guidelines.

The coroner also concluded that the treatment, supervision and care that the Service provided to Joseph between March 2021 and October 2021 was substandard.  The coroner found that Joseph should have been more assertively managed by the Service during this period, and his refusal to accept mental health treatment should have been challenged, and followed up.  The coroner also found that the Service’s failure to conduct a follow up home visit after 6 October 2021 was an appalling lapse.

Catch Words : Chronic mental health issues : Community treatment order : Police shooting : Use of force: Homicide by way of self defence

Last updated: 20-Aug-2024

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