A row has erupted between the WA Police Union, the Police Commissioner and the State Government over who should foot the legal bill for two officers set to appear at the inquest into the death of Yamatji woman JC.
According to the union, the State Solicitors Office – which provides legal support to officers at coronial inquiries – had “abandoned” two of its members just weeks before the inquest is due to start because of a “conflict of interest”.
But neither the WA Police, the union or the State Government would expand on what the conflict is – nor would they clarify if one of the officers was First Class Constable Brent Wyndham – the officer who fatally shot JC.
However, The West Australian understands Const. Wyndham is one of the officers whose legal bill is set to go before Cabinet for approval.
Const. Wyndham became the first WA policeman to be charged with murder in almost a century after he shot the JC, a mother-of-one, in the stomach because she refused to put down a serrated bread knife and a pair of pink scissors she was carrying while roaming the streets of Geraldton in September 2019.
At trial in 2021, Const. Wyndham claimed that he did not want to hurt JC and only fired his gun during the frantic 16-second confrontation because he thought she was going to stab him. Prosecutors argued he had no justification for shooting JC, saying his actions on the day amounted to murder because JC had stopped and was not moving her feet.
A jury acquitted the officer of the murder charge, but his actions on that day – and that of his colleagues – are set to be examined by State Coroner Ros Fogliani on July 1.
Police Union President Paul Gale said the decision by the SSO to withdraw legal support so close to the inquest was “unfathomable” and questioned how it was not foreseen “from the outset and appropriate advice provided”.
He also said it was “simply not good enough” and did not instil faith in the wider force that they will be supported in the future.
“One of these officers was found to have acted lawfully and cannot be guaranteed the support required other than from their union,” Mr Gale said.
“Applications within government for funding have been made, however, due to process and bureaucracy, they must now be considered by Cabinet.
“Meanwhile our officers’ legal teams have no assurance of payment for the services, and as such have advised the union the required preparatory work has now ceased.”
Mr Gale said the union’s Board of Directors held an urgent out of sessions meeting to approve interim measures ensuring the legal work continued, but claimed this should be an “obligation of the State Government and the Commissioner of Police, not WA Police Union”.
A WA Police spokesman said the Commissioner strongly supports his officers in these processes and was “working with the WA Government to secure funding”.
A State Government spokesman said discussions between the State Government and WA Police were ongoing.