Coroner's court stresses it is for coroner to determine if officer's actions were appropriate after extensive investigation
The coroner's court of Victoria has rebuked the Victoria police for "unfortunate" remarks made to the media in the wake of a fatal shooting of a man in Melbourne.
Victoria police has been accused of breaking its own guidelines on pre-judging an investigation into its officers with the comments, made by assistant commissioner Luke Cornelius, over the shooting of Vlado Micetic.
Micetic, a 44-year-old portrait painter, was shot and killed in the south-east suburb of Windsor on Sunday night. A woman who fled the scene is still being sought by police.
A spokeswoman for the coroner's court, to which the police ultimately answer, told Guardian Australia: "It's unfortunate that these comments have been made. It will be ultimately be a matter for the coroner to determine whether the police officer was acting appropriately. This can only be determined following an extensive investigation."
"Comments like these made in the immediate wake of a death do not reflect views of coroner. The coroner will wait until all the investigation material is available and has been presented to her before making any findings, as is the proper and appropriate process."
The admonishment of Victoria police for potentially prejudicial comments involving its own officers echoes the inquest into the death of Tyler Cassidy, a 15-year-old boy who was shot dead by police in 2008.
The coroner's report stipulated that the police should only give minimal detail to the media in the immediate aftermath of a death, to avoid prejudicing a subsequent investigation. This requirement is now a guideline in the Victoria police manual.
Michelle McDonnell, senior policy adviser at the Victorian Federation of Community Legal Centres, told Guardian Australia that Cornelius' account amounted to just one side of the story.
"It could very well be the case that the police acted properly, but that is what the coroner has to decide after an investigation," she said.
"He's basically saying that the police officer acted in self-defence, which is coming to the conclusion that only a coroner should give. We are missing crucial evidence from the woman in the car. She may well have a differing account."
"The police are meant to follow the coroner's directions and be very mindful not to prejudice the case in the minds of the community."
Victoria police said in a statement: "Victoria police is comfortable that all comments made by assistant commissioner Cornelius were confined to the facts known to him at the time."
