June 16, 2010

Ipswich teen Andrew John Bornen was told "get down" by police moments before being killed by a car, coroner told

CourierMail.com.au

ARMED police repeatedly ordered a 16-year-old Ipswich boy to ``get down on the ground'' and handcuffed him as he lay on a busy road seconds before being struck by a car, a coroner has been told.

Queensland's Chief Coroner Michael Barnes was today told teenager Andrew John Bornen was killed by a car driven by a young mum as he lay face down and handcuffed on Brassall's busy Albion St about 11pm on February 7.

Mr Barnes was told Bornen, who was reportedly intoxicated and carrying a baseball bat, died after two senior Ipswich police repeatedly ordered him to drop his weapon and ``get down'' on to the road.

The revelation came during today's ``pre-inquest conference'' for Andrew in Brisbane.

A proposed week-long inquest to investigate the circumstances surrounding Andrew's death is scheduled to start in the Ipswich Coroner's Court on July 12. Counsel assisting Mr Barnes, Peter Johns, said Andrew's family were expected to testify the teenager appeared unaffected by alcohol or drugs when they last saw him about 8.30pm - 2 ½ hours before his death.

However, he said other independent witnesses would testify Andrew appeared ``very drunk'' and was seen carrying either a baseball bat, a golf club or a machete before police were notified.

The hearing was told Senior Constables Anthony Burkett and Robert Ward, responding to reports of a man armed with a machete, confronted Andrew as he was crossing Albion St.

Mr Johns said Burkett, armed with his service-issued firearm, and Ward, who drew his Taser, repeatedly ordered Andrew to drop the baseball bat and beer bottle he was holding and ``get down on the ground.''

``(Andrew) then placed himself face-down on the (road),'' he said.

Mr Barnes was told Burkett, who handcuffed Andrew, was then seen waving his arms in the air and yelling ``stop, stop, stop'' before leaping out of the path of an oncoming Nissan Pulsar sedan.

``Your honour will hear, tragically, the vehicle showed no sign of stopping ... and moments later struck Mr Bornen,'' Mr Johns said.

Mr Johns said the inquest would investigate both the manner in which the sedan that struck Andrew was driven and the ``adherence, or otherwise, by police'' to relevant Queensland Police Service policies in place at the time relating to the ``use of force.''

He said the fact Andrew was considered to be in police custody at the time of his death meant it was mandatory an inquest be held.