Coroner's Court of Western Australia

Inquest into the Death of Jamie Douglas KNEALE

Inquest into the Death of Jamie Douglas KNEALE

 

Delivered on : 17 December 2020

Delivered at : Perth

Finding of : Coroner Jenkin

Recommendations :Yes

Where it appears that the death of a person is caused or contributed to by any action of a member of the Western Australian Police Force (the Police), then in order to ensure that communications between the Police and the deceased’s family members are as effective and timely as possible, the Police should task a commissioned police officer to undertake early, regular and ongoing contact with the deceased’s family members. One purpose of this ongoing and regular contact would be to ensure that, as far as is reasonably practicable, family members are informed of relevant official actions and further, are given an opportunity to express their views on those actions.

Orders/Rules : N/A

Suppression Order : Yes

There be no reporting or publication of the name, picture of any other identifying features of the witnesses referred to as Officer A and further, there be no reporting of the type of technology being used by Officer A on 29 March 2016, except in relation to his use of mobile phones.

 

Summary : Mr Kneale died on 30 March 2016 at Royal Perth Hospital (RPH) from head injuries he sustained when a vehicle collided with the bicycle he was riding. He was 43 years of age.

Shortly before 3.00 pm on 29 March 2016, Mr Kneale was riding his bicycle in a north-westerly direction on Hicks Street in Gosnells, towards the roundabout at the intersection with Dorothy Street. Meanwhile, an on-duty police officer was approaching the roundabout on Dorothy Street from the north-east. As Mr Kneale entered the roundabout, eye witnesses saw him raise his hand as if to signal to the police vehicle to stop. However, the police vehicle continued through the roundabout and struck the rear wheel of Mr Kneale’s bicycle. The force of the collision propelled Mr Kneale onto the vehicle’s bonnet and he fell heavily onto the roadway, striking his head.

After the collision, the police officer stopped his vehicle and went to check on Mr Kneale. Bystanders were already giving Mr Kneale first aid and one of them had called emergency services. An ambulance arrived at the scene at 3.03 pm and ambulance officers took Mr Kneale to RPH, where he was diagnosed with a severe traumatic brain injury and was declared brain dead on 30 March 2016. In accordance with his wishes, Mr Kneale’s organs were retrieved for donation

The police officer was unable to explain why he had not seen Mr Kneale before the collision, but denied being distracted when entering the roundabout. The evidence established that prior to entering the roundabout, the police officer had used his mobile phone to view two text messages and had then sent a brief acknowledgement text message in reply. However, there was no evidence that the police officer was using his mobile phone at that time.

Following a trial in the District Court of Western Australia, the police officer was acquitted of the charge of dangerous driving causing death.

The Coroner found that as a matter of fact, police officer had contributed to the death of Mr Kneale.

The Coroner made a recommendation designed to help police improve their communication with the family members of deceased persons, whose deaths were contributed to by police action.

Catch Words : Death caused or contributed by member of the police : Criminal Charges : Mobile Phone Usage while driving : Communication : Accident


Last updated: 15-Jan-2021

[ back to top ]