News Service from House Harris

NSW: 'Foolish' police chase contributed to death: coroner

SYDNEY, Dec 18 AAP - NSW Police must bear some of the blame for the death of a young woman after they "foolishly" chased a car at high speed down a dirt track, a coroner has found.

Police put their own lives and the lives of those around them at risk when they chose to pursue a driver who refused to stop for a random breath test, State Coroner Mary Jerram said.

She found their actions contributed to the death of 24-year-old Vanessa Louise Hardy, who was a passenger in the car that crashed in the state's north early on October 12, 2003.

Ms Jerram recommended all NSW police be retrained and educated about police pursuit guidelines.

Ms Hardy had been travelling in a vehicle driven by Joseph Shillingsworth, who was "considerably intoxicated" at the time and failed to stop for a breath test on the outskirts of Brewarrina.

He was also unlicensed, the car was unregistered and there were outstanding warrants for his arrest.

After refusing to stop for the test, Shillingsworth sped off and turned down a dirt track.

One police car pursued him down the track while another tried to block his exit.

Shillingsworth lost control of the vehicle at high speed and it rolled. Ms Hardy was thrown through the rear window and died instantly.

Shillingsworth and his second passenger Neil Scott, who was Ms Hardy's partner, were not seriously hurt. Shillingsworth pleaded guilty to negligent driving causing death and has served a prison term.

Deputy State Coroner Jacqueline Milledge, who held the original inquest into Ms Hardy's death in 2005, recommended a second inquest to determine whether police actions had contributed to her death.

In the Glebe Coroner's Court on Thursday, Ms Jerram found there had been no proper basis for police to engage in a pursuit over a breath test.

At the time police began the chase, she said they had no idea that he was a person with outstanding warrants.

She said officers had taken down the driver's licence plate number and could have tracked him down at a later date.

"To follow a car in those conditions put not only Mr Shillingsworth and his passengers at risk, but also the pursuing officer and the police in the waiting car," Ms Jerram said in her written findings.

"In all the circumstances the actions of the police ... were lacking in commonsense, foolish and without basis in terms of preventing a serious crime.

"Ultimately, those actions contributed to causing a fatality."

Had police not given chase, Ms Hardy may be alive today, she said.

"Of course he (Shillingsworth) should have stopped. Of course, he should not have been driving," she said.

"But the facts speak for themselves. Had he not been pursued, he would not have gone into the bush, nor reached the speeds which caused the car to overturn.

"Furthermore, as has been said several times throughout these proceedings, the only thing more dangerous than a drunk driver is a drunk driver being pursued."

Senior Constable Benjamin Preston, who drove the car that was in chief pursuit, was "self-contradictory and not credible" in his evidence to the court, Ms Jerram said.

She said he gave differing evidence about whether his lights and sirens were on, and despite originally saying he was travelling between 20 and 30km/h, he later agreed it was "up to 100km/h".

Despite his contradictory evidence, Ms Jerram did not recommend any charges be brought against the officer.

Instead, she recommended all police across NSW be retrained and educated fully about the NSW Police policy on pursuits.