Inquest denied

By Kath Gannaway
THERE will be no inquest into the death two years ago of Healesville Police Sergeant Tony van Gorp.
Sgt van Gorp, 47, was found dead at Healesville Police Station on 22 March, from a self-inflicted gunshot wound. He was under investigation in relation to misuse of the police email system and had been issued with a Section 68 (no-confidence) notice by the then Chief Commissioner of Police Simon Overland, five days before his death.
Sgt van Gorp’s partner Gayle Shelley and the Police Association had sought an inquest as part of Coroner John Olle’s ongoing investigation, partially to determine why Sgt van Gorp had been singled out by Commissioner Overland for what was seen as harsh and unusual treatment, and to restore his reputation.
Coroner John Olle ruled on Wednesday, 15 February, at the Coroner’s Court in Melbourne that the matters raised were beyond his jurisdiction in terms of an inquest and said he was satisfied that the cause and circumstances of Sgt van Gorp’s death could be established without one.
Coroner Olle said he had considered submissions from Ms Shelley and the Police Association (the applicants), as well as from the Chief Commissioner of Police in making his decision.
He said the basis for the applicants’ submission included a need to determine why the Chief Commissioner had considered dismissal as the appropriate action, to dispel claims that new procedures since introduced were appropriate and to bring about changes to legislation, including the removal of Section 68 notices.
While the submission made by the Chief Commissioner of Police neither argued for or against an inquest, it contended that an examination of the Chief Commissioner’s powers of dismissal were outside the scope of the coroner’s jurisdiction and that there was no evidence of systematic defects which needed to be explored as part of an inquest.
In relation to Sgt van Gorp’s reputation, he said the reputation of an individual was outside both the scope and legitimate purpose of an inquest, and outside the control of the coronial process.
“How matters are reported in the media cannot be controlled and have the potential to be very disturbing and intrusive to family members,” he said.
He said having examined the 963-page brief of evidence, he found no evidence to suggest that anyone who knew Sgt van Gorp thought less of him as a result of his behaviour.
While Ms Shelley said she was sceptical about the submissions put forward by the Commissioner of Police, and that she felt the issues around the Section 68 notice had been swept under the carpet, she said she accepted the decision.
Police Association secretary Greg Davies said the association was still vehemently opposed to the Section 68 process and had been in negotiations with the government in terms of a range of issues that needed to be addressed by the government, rather than by police. He said those negotiations were continuing.
He noted that the coroner had said his preliminary view was that the facts and circumstances of Sgt van Gorp’s death were clear and that an inquest was beyond his statutory obligations.On the matter of whether there was a systematic defect (in issuing the section 68) Mr Davies said the door was not closed on that question.
“He (the Coroner) is not saying there is no systematic defect, but that there is no systematic defect that requires an inquest. He may determine independently of an inquest that there is, or he may not,” he said.
He said the association accepted the coroner’s decision and would wait on the outcome of the investigation to see what end result would be. Readers seeking support and information about suicide prevention can contact Lifeline on 13 11 14 or SANE Helpline on 1800 18 SANE (7263).
>>> For more on Van Corp inquest issue see Page 3.