21
CORONERS ACT, 2003
SOUTH AUSTRALIA
FINDING OF INQUEST
An Inquest taken on behalf of our Sovereign Lady the Queen at Adelaide in the State of South Australia, on the 17th, 18th, 19th, 20th, 21st, 24th and 25th days of September 2007, and the 9th day of November 2007, by the Coroner’s Court of the said State, constituted of Mark Frederick Johns, State Coroner, into the death of Robert George Daniels.
The said Court finds that Robert George Daniels aged 22 years, late of 62 Witonga Avenue, Salisbury North died at Underwood Park, Camira Way, Salisbury North, South Australia on the 13th day of March 2005 as a result of cerebral trauma associated with skull fractures. The said Court finds that the circumstances of his death were as follows:
21
1. Introduction and reason for Inquest
1.1. Robert George Daniels was born on 24 June 1982. He was 22 years of age at the time of his death which occurred in the early hours of the morning on Sunday, 13 March 2005. He lived at 62 Witonga Avenue, Salisbury North.
1.2. MrDaniels was in a relationship with Sally-Anne Claxton with whom he lived at the above address. They had two children; a daughter aged 2 years and a newborn son aged 3 ½ weeks.
1.3. According to Exhibit C19i, MrDaniels had an extensive criminal history. An antecedent report details a history of recidivist offending, mainly in the Elizabeth Police district. It records numerous traffic offences including drive unregistered, uninsured, unlicensed, without due care, contrary to a defect notice, driving with excess blood alcohol. At the date of his death, MrDaniels’ drivers licence was suspended and he had an active First Instance Warrant for serious criminal trespass issued out of the Elizabeth Magistrates Court on 24 September 2004 and endorsed “No bail”. There was no evidence at the Inquest as to whether MrDaniels was aware of the existence of this warrant at the time of his death. However, in view of his extensive criminal history, and the fact that he must have been aware of the Court appearance on 24 September 2004 in order for the warrant to have issued, I think he would have been aware that there was likely to be a warrant for his apprehension extant.
1.4. Despite the fact that he was prohibited by law from driving a motor vehicle, MrDaniels owned a Yamaha YZ250 motorcycle. It was a dirt bike and, although it was physically possible to ride it on the road, it could not lawfully be ridden on the road as it did not have a number plate, indicator lights, headlight or taillight. Nor was it registered for road use. Notwithstanding this, the evidence at the Inquest showed that MrDaniels regularly rode the motorcycle on the streets near his home. Not surprisingly, this attracted attention from the police and on at least one occasion prior to the incident resulting in his death, MrDaniels was involved in a police chase while riding the motorcycle on the road. The evidence at the Inquest showed that he was also in several other police pursuits involving other vehicles.
1.5. MrDaniels was riding his motorcycle on Bolivar Road, Salisbury North in the early hours of the morning of 13 March 2005 when he was noticed by uniform patrol officers Rodell and Cornish who were on uniform mobile patrol duties on Bolivar Road at the same time. The police officers performed a U-turn in Bolivar Road and started to follow MrDaniels. MrDaniels did not stop his motorcycle despite the fact that the police officers activated the flashing lights on the police car. After a short chase which will be described in more detail later in this Finding, the motorcycle entered a reserve through a small opening through which a larger vehicle such as a police car could not enter, and the police abandoned the chase, resuming normal duties.
1.6. MrDaniels continued to ride across this reserve, which was used for various sporting activities including soccer. After riding a short distance in extremely dark conditions MrDaniels collided with a soccer goalpost. As a result of this collision he suffered fatal injuries and died soon after the collision, probably within minutes. The collision was not heard by the police officers nor by anyone else, and MrDaniels’ body was not discovered until the following morning when noticed by the occupier of a nearby residence. MrDaniels had not been wearing a helmet.
1.7. MrDaniels was, on all of the evidence, evading apprehension by officers Rodell and Cornish at the time of the collision, and accordingly his death was a death in custody within the meaning of the Coroner’s Act 2003, and this Inquest was held as required by section 21(1)(a) of that Act.
2. Mr Kristopher Daniels
2.1. Kristopher Daniels is the younger brother of Robert Daniels and was 15 or 16 at the time of this incident. He would frequently visit MrDaniels’ home and work on cars with MrDaniels. According to Kristopher, MrDaniels had only had the Yamaha dirt bike for 2 to 3 weeks prior to his death. Kristopher acknowledged that MrDaniels would sometimes ride this motorcycle around the streets although he normally took it to Port Gawler to ride.
2.2. Kristopher said that on 12 March 2005 he was at MrDaniels’ house. He said that from about 6:00 pm he and MrDaniels and another friend called Steven consumed some alcohol. MrDaniels also consumed some cannabis.
2.3. Kristopher said that quite late in the evening MrDaniels rang another friend, MrKevin Clark who was at a wedding reception with his partner Melissa Pierce. MrDaniels suggested that Kevin and Melissa come to his house for some drinks which they did, arriving at approximately midnight. They were there for about half an hour and MrDaniels then suggested that he, Kevin and Kristopher go for a motorcycle ride. According to Kristopher, Kevin also has motorcycles, and the plan was that MrDaniels would ride his motorcycle over to the nearby home of Kevin and Melissa and that Kristopher, Kevin and Melissa would drive there. From Kevin and Melissa’s house they would retrieve the other motorcycles and the three men would then go for a ride.
2.4. Kristopher said that when they left MrDaniels’ house at 62 Witonga Avenue he, Kevin and Melissa drove in a northerly direction on Witonga Avenue. MrDaniels pushed the motorcycle some distance in a southerly direction down Witonga Avenue before starting it and emerging on Bolivar Road shortly afterwards.
2.5. Because Kristopher, Kevin and Melissa took a different route to Bolivar Road from that taken by MrDaniels, Kristopher lost sight of the latter until he and the others in the vehicle were driving in a southerly direction on Bolivar Road. At that point, Kristopher saw MrDaniels also riding south on Bolivar Road. Kristopher also saw another vehicle which had originally been travelling north on Bolivar Road which turned and followed MrDaniels’ motorcycle. Kristopher’s evidence about when he first sighted this other vehicle and what it did immediately after he first sighted it was rather vague. He said that he was not one hundred percent sure of this detail and attributed his vagueness to being intoxicated at the time. In any case, Kristopher said that he heard Kevin say words to the effect “there are cops following Robbie”. The vehicle in which Kristopher and the others were travelling turned left from Bolivar Road onto Diment Road to travel in an easterly direction, this being the direction taken by the motorcycle and the other car. Kristopher said that Melissa was driving and that Kevin was in the front passenger seat. Once they entered Diment Road they were unable to see either the motorcycle or the other vehicle. They drove to Kevin and Melissa’s house in Uraidla Avenue and waited there expecting that MrDaniels would already have arrived or would arrive shortly after evading the police. They waited for three quarters of an hour or so but MrDaniels did not arrive. They then went back to the Witonga Avenue premises and informed Ms Claxton of what had happened.
3. Mr Kevin Clark
3.1. Mr Clark also gave evidence at the Inquest. His evidence confirmed that of Kristopher Daniels, although his recollection was clearer in some respects. He said that he also owned a motorcycle and that he and MrDaniels would often ride together, perhaps three or four times per week. He said that MrDaniels usually did not wear a helmet.
3.2. Mr Clark said that he and MrDaniels had been chased by the police in the past. He said that when the police tried to stop them they would just take off. He described two occasions within the weeks preceding 13 March 2005 on which he and MrDaniels had been chased by the police. On one of these occasions they were driving a motor vehicle. MrDaniels jumped out of that vehicle and ran away and was not apprehended. On another occasion they were riding the motorcycles, and on being seen by police they “took off” and went to Mr Clark’s house without being apprehended. Mr Clark assumed that MrDaniels evaded police because he did not have registration or a licence. Mr Clark said that he himself had a licence but did not have registration on his motorcycle.
3.3. Mr Clark confirmed Kristopher Daniels’ account that he was at his cousin’s wedding reception with Ms Pierce when MrDaniels rang him and invited him for a drink after the reception. He confirmed that MrDaniels proposed that they go for a motorcycle ride. He said that MrDaniels syphoned some petrol from Mr Clark’s vehicle for the motorcycle which was low on petrol. He said that Ms Pierce drove his vehicle and that he and Kristopher Daniels were passengers. MrDaniels took the motorcycle. He said that he saw MrDaniels emerge onto Bolivar Road as his vehicle was proceeding south along that road. He said that MrDaniels’ motorcycle was proceeding in the same direction. He said that another vehicle carried out a U-turn between his vehicle and the motorcycle. Mr Clark saw that it was a police car and that it was then quite close to the motorcycle. Mr Clark said that he could see that the police would be pursuing MrDaniels and so he told Ms Pierce to “floor it – Robbie’s in a chase[1]”. MrClark said that he did not see the police car put on its lights nor did he hear its siren. He saw MrDaniels and the police car turn left onto Diment Road from Bolivar Road but when their vehicle followed neither the police car nor MrDaniels was in sight. Mr Clark said he thought that MrDaniels would have gone straight to MrClark’s house. He said that was what they did if they saw the police, and on arrival at the house they would put the motorcycles behind the house either behind the gates or the roller door, to evade detection. Mr Clark confirmed the rest of the account in much the same terms as given by Kristopher Daniels.
4. Ms Sally-Anne Claxton and Ms Melissa Pierce
4.1. Both Ms Claxton and Ms Pierce gave evidence at the Inquest. Ms Claxton confirmed that MrDaniels had acquired the motorcycle several weeks before the accident. She confirmed that MrDaniels did not own a helmet and did not necessarily use one if he was riding the motorcycle. She said that he would ride it on the street and that he was able to handle the motorcycle very well. She said that the motorcycle was extremely loud and that she thought that it did not have any exhaust silencing system. She confirmed that MrDaniels had been pursued by the police in the past.
4.2. Ms Pierce gave evidence that she was aware that MrDaniels and Mr Clark had been in chases with police previously, but she said that they would always make it home. She said that she remembered that they would often come home and relate that they had got into a chase but had got away. She said that on one occasion Mr Clark said that he got out of the car in which he and MrDaniels were being pursued and stood in front of the police car so that MrDaniels could get away. She said that Mr Clark and MrDaniels would look after each other, and if one was being chased the other one would get in the way or do something to help the other. She said that they would then come home “bragging about it”[2].
5. Ms Kelly Harrison
5.1. I heard evidence from Ms Kelly Harrison who lived in Bantanga Crescent, Salisbury North. She was living there in March 2005 and did not know MrDaniels. She was at home on Saturday, 12 March 2005 during the evening. She said that there was a gathering at her house. At some point during the evening she heard the noise of a motorcycle. She said that it was “hooning around the area which is nothing unusual”[3]. She said that shortly after hearing the noise she saw a motorcycle coming down Bantanga Crescent heading towards Bolivar Road with the police behind. She said that five to six minutes later the motorcycle came back up Bantanga Crescent in the opposite direction still followed by police. She said that shortly after this the motorcycle noise stopped and she assumed that the rider had given up the chase or pulled into his house. She estimated that the first time she saw the vehicles go past the gap between them would have been one and half to two car lengths. She said that when saw them on the second occasion they were going faster and that the gap on that occasion would have been only one car length.
5.2. Ms Harrison said that when she saw the police vehicle for the first time she did not see any red and blue flashing lights[4]. She said that when she saw it on the second occasion it still did not have its flashing lights on[5]. She also said that she did not hear any police siren. MsHarrison said that if MrDaniels had come to a sudden stop the police would have collided with him[6].