Courts Probe 'Less Lethal' Police Weapons After Three Fatal Incidents in Australia
The use of so-called 'less lethal' weapons by police in New South Wales and Victoria has come under intense scrutiny following the deaths of three individuals within a four-month period. These incidents, involving bean-bag rounds and stun guns, have sparked a series of inquests and civil cases that could potentially overhaul how law enforcement officers deploy force in critical situations.
Deaths Prompt Investigations and Legal Challenges
In July 2023, Mark Smith was shot five times with less-lethal projectiles and Tasered 14 times by police in Victoria, as revealed in a coronial inquest. His death preceded that of Krista Kach, who was Tasered and struck in the chest with a bean-bag round from a 'Super-Sock' shotgun fired by NSW police in Newcastle two months later. In November of the same year, Steven Woodhouse died after allegedly being shot with bean-bag rounds and a Taser in Reservoir, Melbourne, by the Victorian Critical Incident Response Team (Cirt), the same unit involved in Smith's case.
Police forces have long argued that projectiles like bean-bag and foam baton rounds offer a safer alternative to firearms, reducing the risk of fatal outcomes. However, these weapons have been linked to deaths globally, with critics contending that their expanded use in police arsenals has not been matched by adequate accountability and oversight measures.
Families Demand Answers and Reform
The family of Krista Kach has expressed frustration over the delayed coronial hearing, questioning why it took so long to address her death. In a statement, they highlighted their shock at the use of a bean-bag round on a woman experiencing a major mental health crisis, calling for serious reform in how and why such weapons are deployed. 'We had never heard of a bean-bag to be used on a woman experiencing a major mental health crisis before – and we had no idea they had plans to use it on her,' they said, urging police to reassess their protocols.
Postmortem reports indicated that Kach died from a gunshot wound to the chest, with the bean-bag round striking her heart. NSW police acting commissioner David Hudson acknowledged that while intended as a less lethal option, such rounds have resulted in fatalities worldwide on rare occasions. Following Kach's death, NSW police temporarily suspended the use of bean-bag rounds but later reinstated them.
Oversight Gaps and Legal Actions
Investigations have uncovered significant gaps in oversight. Records of use of force by NSW police since 2020, obtained by Guardian Australia, included incidents involving OC spray, batons, and stun guns but notably excluded projectiles as a category. In 2023, NSW police admitted bean-bag rounds were used in at least 15 high-risk incidents, yet these were not reflected in official use of force statistics.
In Victoria, the Cirt faced criticism in a report by the Independent Broad-based Anti-corruption Commission for inaccurately recording uses of force and acting inconsistently with human rights charters. Additionally, two protesters shot with projectiles in 2021 are pursuing legal action against Victoria police, with one case settling in December. The protester whose case remains open described suffering a wound requiring surgery, stating, 'I felt humiliated, degraded, and was left questioning what I had done wrong.'
Inquest Details and Pathologist Insights
During Mark Smith's inquest, details emerged about the circumstances leading to his death. Smith, armed with a sword and knife, had made threats against his neighbor before police responded. The inquest heard he was familiar with Cirt operations and previously unaffected by OC spray. He was shot with less-lethal rounds and Tasered, including in drive-stun mode, described by the manufacturer as a 'pain compliance option.'
Forensic pathologist Dr. Paul Bedford testified that Smith died from cardiac arrest, potentially caused by pre-existing heart conditions, methamphetamine use, and police constraints. He likened the situation to an 'eggshell skull' case, where multiple factors could individually or collectively lead to death. Bedford noted extensive bruising from projectiles, which could have reduced blood circulation to the heart, exacerbating the risk.
Calls for Accountability and Change
Lawyer Jeremy King, representing clients shot by Victoria police with Tasers or less-lethal projectiles, emphasized the lack of oversight, comparing the weapons to those used by ICE in the US. 'There’s almost zero oversight over that type of weaponry, how they are using it, and how much it costs,' he stated.
Victoria police confirmed bean-bag rounds have not been used since 2020 but could not comment on specific deaths. The force uses 40mm baton rounds in tactical operations, including at protests. A spokesperson noted that only a small number of civil matters have been filed regarding non-lethal tactical options, with settlements handled under litigant guidelines.
As coroners prepare to deliver findings and inquests proceed, families like Smith's continue to seek justice. His mother, Arita Smith, reflected in a submission, 'I have sat and listened to all of the evidence that has been presented, and I still ask myself: 'Is there a better way?'' This sentiment underscores the urgent need for comprehensive review and reform in police use of force protocols to prevent future tragedies.
