Letter To CMC

May 31, 2013

Crime and Misconduct Commission

Level 2, North Tower Green Square
515 St Pauls Terrace
Fortitude Valley

To whom it may concern

I wish to lodge an official complaint against Inspector Mark Reid from Internal Investigations Branch Ethical Standards Command.  Inspector Reid has been the lead investigator into the shooting death of my son Jason Protheroe by a Queensland Police Officer.  During the current inquest into my son’s death Inspector Reid has given sworn testimony which I know to be incorrect and I believe is perjury before a court and I believe assists in perverting the course of justice.  In such a critical investigation I believe that this one act has brought about the need to question the integrity of the entire team from Ethical Standards who were involved in investigating the death of my son.

On 20^th March 2013 Inspector Mark Reid was recalled to the stand to continue giving his evidence.  Below is a copy of the evidence in question asked by Peter Johns Counsel assisting the Coroner:

Have you spoken to Stephen Proteron or are you aware of his account of that conversation and whether Krystal-----?-- He was interviewed by other officers,-----

All right?-- -----not by me.

On the day you conducted the walk-through with Krystal in May last year, do you recall, after that, being approached by Stephen Proteron who discussed with you this conversation he had?-- This conversation? No.

All right. Do you recall having any conversation with Stephen Proteron, Junior, sorry?-- I have - I have to stop. I don't-----

I should-----?-- ----- - I don't want to be heckled while I'm trying to give evidence, Mr Johns. I'm trying to concentrate as it is.

All right. Well, that's a matter for his Honour.

STATE CORONER: Who's heckling you?

MR DEVLIN: There are noises coming from the second Bar table, your Honour. I'm hearing them.

WITNESS: Please.

MR PROTHEROE: I'm sorry, your Worship, it was an accident on my part. It won't happen again. STATE CORONER: Thank you, Mr Proteron.

WITNESS: The conversations - I can clear this up, the conversations after - all the conversations that we had with the Proteron family in relation to the interviews and what we talked about afterwards, are all recorded.

MR JOHNS: All right?-- As has been the practise with this investigation.

I should-----?-- I do not recall a conversation relating to any verbal gestures by anyone in - in regard to that conversation about a firearm.

Okay. I should have been more specific. Because I'm referring to that conversation I was referring to Stephen Proteron Junior. Do you recall having any conversation with him on the day of the walk-through with Krystal?-- He arrived there late but without listening to that conversation in detail again but I don't remember - recall discussing that particular point.

Is it likely to be the case or is it in fact the case that if you spoke to Stephen Proteron Junior on that day it would have been recorded?-- Yes.

All right. Thank you.

It is my absolute belief that Inspector Reid had a conversation with my son Stephen Protheroe (Jnr) on the 29^th May 2012 at 21 Ivor Street Bracken Ridge after Miss Sinn had already completed her re-enactment.  I know this because I was present for the conversation as well and so was my son Stuart.  Inspector Reid states that all conversations were recorded but the recording stopped in the carport of the house when Miss Sinn had finished asking questions that she had for Inspector Reid about numerous other things including a complaint as to how her criminal record and mug shot appeared on news programs.  We then continued to speak with Inspector Reid on the footpath of the property in the presence of Howard Kajewski and Anthony Buxton.  My son Stephen Protheroe (Jnr) had arrived to pick us up.  One of the things we discussed on the footpath was about the conversation between Stephen and Miss Sinn on April 17^th whilst Miss Sinn was being taken away in the Police Car.  Stephen very clearly told Inspector Reid what had happened on that day and that when he asked Miss Sinn was he armed? Miss Sinn had not responded verbally but had shook her head no and patted her chest.  This was also advised to Ethical Standards a second time in writing via an email that was sent from myself to Anthony Buxton.  (I have attached a copy of this letter which was sent via email)  One would reasonably expect that considering Inspector Reid was heading the investigation Anthony Buxton would have passed a copy of this onto Inspector Reid as he certainly acknowledged receiving the letter.  Also on the afternoon of 17^th April 2012 the day my son was killed by Officer Hess the family was also interviewed at our home and Stephen (Jnr) did advise in his statement that Miss Sinn had responded no to his question of was he armed?  An extract from that interview is below:

Saying they killed him, they shot him dead. And I said well was he armed Krystal, she said no he definitely wasn’t. I then turned to the policeman and said is he, is he okay, is he alive and the policeman said I can’t tell you and sh-she said yes he’s been up there dead for half an hour. And I said to the policeman well can you just confirm that because I don’t know this girl, I don’t even know her, I’ve never said a word to her in my life, I said I don’t know, don’t know if she’s crazy is he dead or isn’t he. And he said I really can’t tell you that and I asked him again and he said yes your brother is dead, he’s been shot dead I can’t tell you anymore.

KAJEWSKI: Okay. Um just clarify for me which phone calls you’ve made from your phone relevant to this matter.

PROTHEROE: Which have I made, um just one to my wife.

KAJEWSKI: Okay.

PROTHEROE: I tried to ring, actually I didn’t try and ring anyone off this straight away because I left my phone at home so I couldn’t.

KAJEWSKI: Okay. So is it, is it um Stuart that’s making most of the phone calls about this matter?

PROTHEROE: Probably at this stage, yeah.

KAJEWSKI: Okay. So you’ve got the, the mobile number and your –

PROTHEROE: Yeah,

One thing in particular I would like to point out here is that the Ethical Standards were not interested or did not question Stephen (Jnr) any further on the above information on that day or at the walk through which was the termination of contact between Ethical Standards officers and myself, they were more interested in Jason being paranoid.  I did however mention this point on several occasions between these periods as I was the spokesperson for my family.  We were the first people interviewed prior to all the witnesses, they interviewed all my family so that they could attempt to use what we had said against us.  Whilst we were in traumatic states they interviewed all of us within a few hours of being told our son was dead.

Emails Sent are below:

  Sent: Monday, 11 June 2012 6:07 PM
To: 'Buxton.AnthonyJ@police.qld.gov.au'
Subject: Please find letter to Coroner attached

 

Hi Anthony

 

Please find a copy of a letter sent to the State Coroner this evening.

 

Kind Regards

 

For & On Behalf of Stephen Protheroe

Another Email:

From: Peter Johns [mailto:Peter.Johns@justice.qld.gov.au]
Sent: Saturday, 30 March 2013 5:44 PM
Cc: Daniel Grice; Michael Barnes
Subject: RE: Please find letter to Coroner attached

 

Thanks very much for these letters and emails Elaine & Stephen - very useful. I will compare and contrast this to the content of Reid's evidence when we get the transcript.

 

---

  Sent: Wednesday, 27 March 2013 7:58 PM
To: Peter Johns
Subject: FW: Please find letter to Coroner attached

As Discussed this was sent to Ethical Standards as per below

 

 
Sent: Monday, 11 June 2012 6:07 PM
To: 'Buxton.AnthonyJ@police.qld.gov.au'
Subject: Please find letter to Coroner attached

 

Hi Anthony

 

Please find a copy of a letter sent to the State Coroner this evening.

 

Kind Regards

 

For & On Behalf of Stephen Protheroe

 

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As you can see this letter was originally sent on 11^th June 2012 – please note point no 4 especially as I will send a copy of the email sent to Anthony Buxton from Ethical Standards the same day

 

As you can see from the documents provided Inspector Mark Reid was advised of this in writing and verbally on several occasions by my family and yet testified to having no knowledge at all of this.  I believe that he needs to be investigated for perjury and possibly attempting to pervert the course of justice.  I also wish to request a response in regard to my complaint regarding Mr Ian Leavers sent to you on 30/9/2012 as I also believe he is guilty of possibly perverting the course of justice amongst other things.  It has been 9 months since then and we have received 1 letter acknowledging that you received the complaint and are investigating it.  We hope that this ineptitude doesn’t carry on to this further complaint.  Whatever the Coroner rules in his upcoming findings does not alter the fact that I believe these crimes were committed by these two men.  In saying this I am also looking at the statements from Constable Belinda Baker and Constable Steven Moye to make further complaints within their evidence given on the stand.  I feel we must re-iterate that this family has only ever tried to sort the truth however witnesses from Queensland Police Department have made us now question the integrity of not only the Ethical Standards Unit but the integrity of at least these two Queensland Police officers that we have named.  It was never our intention to attack the Queensland Police Force as a whole. 

Sincerely,

Stephen Protheroe


ATTACHED BELOW IS THE LETTER REFERRED TO THAT WAS SENT ON 11th JUNE 2012

State Coroner’s Office

Re: The shooting death of our son Jason Paul Protheroe

I am writing this letter to address the concerns and inconsistencies I have with regard to the investigation of the shooting death of our son Jason Paul Protheroe by a Qld Police Officer. 

1)      On Tuesday 17^th April 2012 two officers met with me in the street and I took them inside and they were looking for Jason.  We have had police coming to our home for at least 18 years and yet on this occasion all 3 of us (Myself, my wife & our son Stuart) felt a real urgency about this visit, we were all very troubled by their behaviour.  This was mentioned to the investigating officers by both my wife and son whilst we were being interviewed that afternoon.

2)      Why is it that two allegedly highly experienced detectives (as was stated) entered Crystal Sinn’s home with recording devices asking to conduct a search of her premises without a warrant, and did not turn them on.  One would think police protocol would call for these searches to be recorded otherwise the search surely would be declared illegal if any evidence was found.  I find it extremely convenient that no recording device was turned on until after our son was shot, this in itself raises alarm bells.  Not to mention that a warning had been issued that there was at least 1 gun in the house.  Why did these 2 highly experienced officers not use their recording devices when they were at a house with female & 2 children?

3)      Why is it that the shooting officer asked Crystal Sinn to call 000 when he was on the phone to his boss with one hand and trying to perform CPR with the other?  Crystal actually asked if the ambulance had been called.  Yet as far as we are aware the other officer was on the footpath also on his mobile.  One would reasonably think that 000 should have been the first person called if a life could have been saved. 

4)      Our son Stephen was already at the scene before my wife and I arrived, he had been told that Jason was alive by officers then Crystal Sinn was brought out in a police car with her children, she screamed at the officers to stop and she spoke with Stephen, she told him that Jason was dead.  Stephen asked if he had a weapon, Crystal in her grief stricken state couldn’t speak but answered by beating her hand on her chest and nodding no.  Stephen then asked the officer driving the vehicle if it was true that his brother was dead, the officer verified it to be true.  This left our son to be the one who had to tell my wife & I and his brothers that Jason was dead.

5)      We arrived at the scene of the shooting and were badly treated by the police officers on the scene, in fact they even threatened to Tazer  and lock us up if we didn’t shut up and F--- off.  We were a family in grief that needed answers and instead we were treated like we were criminals.

6)      Meanwhile the news camera’s had arrived on the scene and news was being broadcast regarding our son’s death.  Ian Leavers from Qld Police Union stated several facts that were untrue including Jason being in possession of a fully loaded semi automatic pistol aiming and hunting 2 police officers down giving them no choice but to shoot or be shot.  He also stated that Jason was shot twice once in the chest and once in the abdomen.  For 3 days following this news broadcast we believed what Mr Leavers was correct in his alleged facts and yet when we attended the John Tong Centre we found out that our son had in fact been shot in the back and the back of the left shoulder.  We have never believed our son had a weapon and the fact that the only eye witness on the scene had stated that our son did not have a weapon of any form, and we had never known Jason to have a weapons charge of any form against him or ever have a weapon.  We were so upset by these allegations and then to learn once again that the gun our son allegedly had was a toy replica just shattered us again.  No finger prints were found on the replica pistol at all which confirms our belief that our son had no weapon at all.

7)      On the 6pm news they released our son’s name and photograph (Mug shot), this was prior to either of his 2 children being notified by the Qld Police.  They did not visit Caleb’s house until around 8pm and Brianna’s house until around 10pm.  The Qld Police should never have allowed Jason’s name to be released prior to his children being officially advised.

8)      Witness statements were taken but yet it appears that no questions were asked.  For example, I spoke with a witness in Ivor street who said that she gave a statement to the police that she had seen a police officer walk out of the gate and stand on the foot path and make a phone call and yet when I questioned her as to whether she saw the police officer walk out the gate she replied with well no I just assumed he had walked out the gate because the gate was open but I actually only saw him on the phone on the footpath.  When I spoke to the ethical standards officers about this lady needing to change her statement they had advised me their superiors had said that they had already spoken with the woman and did not need to go and re-interview her.  

9)      Further witness statements also contradict the information given from the police, including the position of where Jason’s body initially was when he was shot.  A witness stood on a 6ft high fence and could see straight into the area where Jason lay.  His body was moved apparently to perform CPR but my understanding is that Jason was dead from the bullet that went through his heart.  Was Jason alive when paramedics arrived on the scene?

10)   The shooting officer claims that Jason and him were standing in what I would describe as a Mexican stand-off position, he said “they were standing face to face aiming guns at each other, we were both in a stationary position and he will never forget the rage in his eyes and he fired 3 times well it must have been 4 because 4 shell casings were found.  We have been given the reason of tunnel vision as to why Jason was shot in the back and it doesn’t wash with me, I see no reason why my son was shot twice in the back, in fact if we are to believe this police officer’s version then why did these bullets not hit him in the front of his body.  This officer is not offering this as a possible scenario he is saying this is factual as to how our son was shot.  I have spoken to doctors and educated people and nobody can give me a concise or reasonable explanation as to how this could possibly happen.  I want these officers suspended from duty while a thorough investigation is done.  I want to know the truth no matter how ugly it may be I need to know the truth.

11)   There were 4 shell casings found 3 of them together on one wall of the carport and one in the back corner of the carport the totally opposite side.  I am yet to hear any witness state that they heard 4 shots even the shooter himself.  The 4^th bullet has never been found and I question whether there were 4 shots.

12)   The toy replica pistol which is the alleged weapon involved had no fingerprints whatsoever and yet we have since the shooting discovered photos on facebook of the toy being held by 4 different people including Jason.  We have handed these photos to the police as evidence.  I still want to know why no fingerprints at all were found on this including the police officer who picked it up by the barrel and threw it.  Also what doesn’t make sense is that the only DNA on the toy replica belonged to Jason and no other person, yet we have clearly proven at least 4 other people apart from Jason have handled this replica including the shooting officer.  

13)   I still have no idea where Jason’s clothes are that he was wearing on the day.  I have asked police and the coroner and nobody seems to know where they are.  We would like an answer to know where our son’s clothing is.

14)   We also want to know why the media is not allowed to print any story from us telling the truth about where our son was shot.  We have requested a public apology from Ian Leavers that he correct the allegations he made on the day of the shooting and we did not even receive the courtesy of a reply let alone a public apology correcting the information he gave which tainted the evidence right from word go.

15)   We also want to know why we were told by the ethical standards that a Coronial hearing was scheduled to commence within 2 weeks and we would receive a letter from the Coroner’s Office about this.  This was at least 4 weeks ago and when we questioned the Ethical Standards as to what was happening their reply was that the Coroner’s office must have changed their mind.

16)   Crystal Sinn the only eye witness to the event was not originally given the opportunity to do a walkthrough of the shooting.  It wasn’t until I pushed for it that it finally occurred recently.  Crystal is yet to receive a copy of her statement from the Police from the 1^st interview following the shooting, a copy of the DVD of the walk through or a copy of her children’s statements that were taken whilst in her care that she was not allowed to be present at.

17)   Was the walk through of Crystal Sinn investigated and included in the evidence?  Has the investigation been closed or is it still ongoing?

18)   I was called into Police Headquarters to view some more evidence which included bits and pieces of all sorts of things including some text messages sent from Krystal Sinn’s phone threatening Jason, parts of the shooting officers walk through, parts of forensic evidence, the toy replica pistol and parts of the 000 phone call.  I walked away from this meeting with the definite knowledge that they had made their mind up that she was a liar and couldn’t understand why she was lying.  The belief I now have is that the Ethical Standards unit have formed a conclusion without a thorough investigation.  I am not happy to sit on this, I am prepared to accept the truth, the whole truth and nothing but the truth.

19)   Why is it that we have still heard nothing about the toxology report?  Have the results been received?  We were told from the ethical standards that they were drawing to a close on their investigation and we would be entitled to a full brief of evidence and yet your office has stated that we will not receive this until the coronial inquest which could be 12 months away.  A timely process which gives us no closure and no answers.  The facts get forgotten, witnesses clarity becomes unclear and 2 qld police officers remain on full duty after possibly murdering our son.

 

 

 

 

 

 

A once united family is in complete turmoil.  I am not afraid of the truth, I am not afraid of the facts, we have sent numerous emails to media, police, politicians and even the prime minister and received no reply from anybody.  Australia is a country that exercises freedom of speech so why is it that everybody seems to stand quietly by and not want to know the truth, not want to hear the truth and to scared to print the truth.  I am not a hysterical father, I like most Australians do not condone criminal activities in fact anytime we knew of Jason doing illegal activities we were the first to inform the police and this is certainly on record.  But nor do I condone corrupt police or possible murderers.  As a father, I implore you to help me find the complete truth as to what happened to my son, share with me all the information that is currently available so that I can assess all the facts to date and make an informed decision as to what further action I will proceed with.    This is our last resort before we name and shame the police officers involved in the shooting death possible murder of our son in particular the shooter Thomas Hess from Carseldine CIB.  We feel we are being forced to do this as these officers statements are being protected and what seems to be unquestioned.  We are not getting any response from anybody that we have sent emails to including Ian Leavers from Qld Police Union, media and politicians. We are the voice for our son and we will continue to fight for the truth as long as it takes.  The Qld Police Union President was permitted to speak to the media for and on behalf of the police officers but yet the media will not allow us to speak for our son.  Our son deserves the right for the public to be told the true facts of that day that are definitely known, yes he was a criminal but he was also a human being who had never held a weapon to anybody and I don’t believe he deserved to die this way.  When my son was born we were his ears, his eyes and his voice and now that my son is gone I am once again his ears, his eyes and his voice and I will not stop until the truth is fully known and I believe that the truth is immortal.

Sincerely

 

Stephen Protheroe