Wednesday, May 29, 2013

29th May 2013

Dear Coroner Barnes

We are now at a point where all the evidence has been heard and we have read all the investigative material and viewed all exhibits.  We as a family believe that the internal investigation was not properly or efficiently run, evidence was tainted, witness testimonies changed from one day to the next, police collusion is apparent, the fact that Jason was shot in the back area of his body twice has not been properly and adequately explained including Dr Ben Ong stating that he amended his autopsy report because Ethical Standards asked him to, no justifiable evidence was given to prove beyond any doubt that Jason was armed with a replica or otherwise at the time he was shot.  From the moment Jason was shot there was a deliberate attempt by Ian Leavers President of Qld Police Union to taint the evidence with viscous and damning lies, then came Insp Mark Reid who was with the Ethical Standards Branch, In my opinion his investigation was not only inadequate but bias to the extreme where no real investigative time was spent on the version that the shooting Officer Thomas Hess or in fact his partner on the day Troy Weston gave in evidence.  It has been proven in my opinion that there was a total lack of honesty in trying to obtain a statement from the only eye witness who had clearly stated from Day 1 that Jason was unarmed.  This was once again very evident in the meeting that took place between the so called Ethical Standards branch Insp Mark Reid, Howard Kajewski, Anthony Buxton, myself and my son Stuart at Police Headquarters on Friday 18th May 2012 at 2:14pm (Exhibit E 27.1), it was made clear to us that the Police investigation was almost completed and they had already made their minds up without as much as giving Krystal Sinn the opportunity to do a walk through re-enactment at 21 Ivor Street Bracken Ridge.  We had co-operated with the police over and above in order to find the truth.  Two weeks later on 29th May 2012, due to this family’s insistence for the Police to have this done, we arranged for these same officers to meet with Krystal Sinn at the address so that she could give a video re-enactment of her version of the events on the day.  Unlike Officers Hess and Weston she was not privy to props placed around the scene where evidence was located.  I do not believe the Police investigated her side of the story, I believe they dismissed her as a liar and did not even investigate her version.  On that day Krystal Sinn made a complaint to Insp Mark Reid about who gave her mug shot and criminal history to the media, this also went on uninvestigated.  The Police had already informed me that they believed Krystal Sinn was nothing more than a bare faced liar and one can only imagine this is why they did not feel the necessity to investigate her statement.     

 

In summary, I believe the Coronial Inquest was a gathering of the facts, well there are 2 undisputable facts:

1)    My son Jason was shot dead by Thomas Hess a serving member of the Qld Police Service.

2) Jason died from 2 gunshot wounds to the rear of his body. (I quote where the gunshot wounds are directly as per the autopsy report:

1) An ovoid entry gunshot wound with abrasion margin on the outer back of the left upper arm near the shoulder region, 25.5 em left of midline and 140 em above the heel.   

2) A circular entry gunshot wound with an abrasion margin on the right lower back, 8.5 em right of midline and 108.5 em above the heel.

 

SUMMARY & INTERPRETATION:

2, Two gunshot wounds were present on the body:-

a. The first gunshot wound entered from slightly to the back of the upper arm region and above the axillary fold (armpit) travelling sideways from the left to right to end within the axillary (armpit) region of the right upper limb. It had lacerated the aorta and upper lobes of both lungs, it also had fractured the left filth rib and anterior bodies of T5 and T6 thoracic vertebra. The projectile was present in the right axilla/outer aspect of right chest.

b. The second gunshot wound entered the body from the right lower back of the torso with its trajectory being upwards to the left and forward lacerating the right kidney, inferior vena cava and liver. The projectile was present in the abdominal cavity. When compared to the CT

Scan images, the projectile was originally in the anterior abdominal wall and had apparently 'dropped' into the abdominal cavity, most probably due to movement of the body during examination.

 

In a lot of ways I liken this case to the Cameron Doomadgee case where Mr Doomadgee was killed by another serving member of the Qld Police Force in 2004.  I say this as when I look around the court room I see the same familiar faces which includes yourself (Who stood down from the case), Mr Zillman, Mr Devlan and Ian Leavers.  I implore Your Honour to hand this case over to the office of DPP as I do not believe the Police are above the law and if this was a non-police shooting, it would already have gone to the DPP.  If you do not do this then I ask you what has changed since the death of Cameron Doomadgee?  Where is the openness, transparency and honesty that was promised to this family?  A human life was taken and with all respect it should not be left up to one man in this case yourself, to make a decision as to whether my son did indeed do what Thomas Hess is claiming he did.  The only real evidence that points to any wrong doing is that my son was shot in the rear of his body and this has not been adequately explained. 

 

Yours Sincerely

 

Steve Protheroe

 

Monday, May 20, 2013

Latest Letter to State Coroner - Re:Current Inquest

I am writing to you with reference to the current inquest into the death of my son Jason Protheroe.  I firstly wish to request that the Coroner grant our request in order for my Barrister to be able to cross examine one of the most crucial witnesses of this whole inquest, the shooting officer Thomas Hess.  I will go into my reasons for this in this letter.  I was going to send you a list of questions we have, there are several important questions to be asked, however I have decided against sending them to you as I don’t feel that they should be censored before my Barrister has a chance to cross examine Thomas Hess on the stand.  Our barrister was unable to be there due to circumstances beyond our or his control and our solicitor clearly advised that he did not feel the time allowed was enough for anybody to question this witness.  The Coroner allowed our solicitor who is not specialised in this area to question Thomas Hess which clearly disadvantaged us in finding the absolute truth.  Secondly I wish to stress my absolute disgust at the Coroner suddenly putting a time frame on the 3 crucial witnesses.  If time was an issue perhaps we should have been advised of this in the early days of the inquest, less time may have been spent on the less critical witnesses so that we had all the time needed to spend on the 3 crucial witnesses.  From the day this horrific and tragic incident occurred I have stated I want to know the truth.  How is the truth supposed to be found if my barrister is not given the opportunity to cross examine this witness to the fullest extent possible.  Some questions may seem irrelevant to the Coroner but for a family searching for answers we need to have all of our questions answered in order to understand and explain this to Jason’s 2 children (15 year old daughter and 10 year old son) who’s interests we have always included in our plight for the truth so that we may know that everything that could have been was done when they are old enough and mature enough to fully understand.  At this stage going on the evidence that has been heard from all parties I do not believe that it has been proven that my son was shot whilst armed, I do not believe that Thomas Hess is being entirely truthful in his answers and I do not believe we have gotten to the truth as yet.  Thirdly I would like to raise the issue that it is constantly said that my son was not shot in the back area of his body twice.  I will vehemently argue that point.  I have ask that you print two photos (G5 72 & 75) for the Coroner’s personal viewing of the gunshot wounds my son had, and both of them are to the back of his body.  I quote where the gunshot wounds are directly as per the autopsy report:

1) An ovoid entry gunshot wound with abrasion margin on the outer back of the left upper arm near the shoulder region, 25.5 em left of midline and 140 em above the heel.    

2) A circular entry gunshot wound with an abrasion margin on the right lower back, 8.5 em right of midline and 108.5 em above the heel.

 

SUMMARY & INTERPRETATION:

2, Two gunshot wounds were present on the body:-

a. The first gunshot wound entered from slightly to the back of the upper arm region and above the axillary fold (armpit) travelling sideways from the left to right to end within the axillary (armpit) region of the right upper limb. It had lacerated the aorta and upper lobes of both lungs, It also had fractured the left filth rib and anterior bodies of T5 and T6 thoracic vertebra. The projectile was present in the right axilla/outer aspect of right chest.

b. The second gunshot wound entered the body from the right lower back of the torso with its trajectory being upwards to the left and forward lacerating the right kidney, inferior vena cava and liver. The projectile was present in the abdominal cavity. When compared to the CT

scan images, the projectile was originally in the anterior abdominal wall and had apparently 'dropped' into the abdominal cavity, most probably due to movement of the body during examination.

 

In summary, we have waited 13 months to hear the truth about what happened to our son.  To our belief, our Barrister was unavoidably detained and we don’t believe that the Coroner should penalise us by not giving Mr Sam Di Carlo the opportunity to cross examine Thomas Hess.  I appeal to you, Mr Barnes, as the only man who has the power to make this decision to please give us our day of cross examination with Mr Thomas Hess.  Could you please pass along the photos and a copy of this letter directly to Mr Michael Barnes on my behalf.

 

Sincerely

 
Stephen Protheroe

***** Note - the reply at this stage is that all parties have until 12 noon Wednesday 22/5/13 to submit submissions as to whether we will be granted this crucial opportunity ******