To that extent, up until the time that Senior Sergeant Anderson terminated the pursuit after the motorcycle was ridden at up to 120kms per hour on Morphett Street, I see nothing unreasonable in actions. It is from that point onwards that Edwards’ problems developed. In the definition of the pursing officer is instructed to ‘terminate’ quoted above, resume compliance with the road rules, turn off all emergency warning equipment and resume patrol. Edwards did some of these things. However, the videotape shows that dome lights were still operating in Hindley Street, as he passed a car in that Edwards’ narrow, busy street in pursuit of the motorcycle. Senior Constable Burke gave evidence that dome light was on (T83, T90). The dome light on Edwards’ Burke’s car, parked in Hindley Street ahead of the motorcycle, was also still on. What is clear to me, although Senior Constable Edwards has a different interpretation, is that he did not He continued to follow the motorcycle. ‘resume patrol’. It seems fairly obvious that the actions of all the police officers that night were dictated or at least coloured by interpretation of the incident on the footpath Edwards’ involving Galwey. His comments on the radio that the deceased had a ‘knocked member to take a member to run over a and down’, ‘tried out’, ‘tried member’, ‘tried to kill a were highly emotive. A number of the witnesses, including civilian member’ witnesses, confirmed evidence that the deceased rode straight at Galwey, as Edwards’ I have already mentioned, although others interpreted the events differently. I accept that Edwards genuinely formed the belief that Mr actions were Goldsmith’s deliberate. In my opinion, this incident was the basis for decision to resume pursuit of Edwards’ the motorcycle. I do not accept Mr submission that he did not have a bona Ibbotson’s fide belief that the incident justified the pursuit. Whether the incident, when viewed objectively, justified the pursuit is another matter. When Edwards resumed his pursuit on North Terrace, the deceased continued to ride the motorcycle in a recklessly dangerous manner, narrowly avoiding traffic, disobeying red lights and grossly exceeding the speed limit, in the process showing signs of belligerence or euphoria by waving his fist and legs in the air. Not only did Edwards continue to pursue the motorcycle, two other vehicles (Adelaide 10 Lind/Stokes - and Adelaide 12, Murray/O'Connor) had joined the
To that extent, up until the time that Senior Sergeant Anderson terminated the pursuit after the motorcycle was ridden at up to 120kms per hour on Morphett Street, I see nothing unreasonable in Edwards’ actions. It is from that point onwards that problems developed. In the definition of ‘terminate’ quoted above, the pursing officer is instructed to resume compliance with the road rules, turn off all emergency warning equipment and resume patrol. Edwards did some of these things. However, the videotape shows that Edwards’ dome lights were still operating in Hindley Street, as he passed a car in that narrow, busy street in pursuit of the motorcycle. Senior Constable Burke gave evidence that Edwards’ dome light was on (T83, T90). The dome light on Burke’s car, parked in Hindley Street ahead of the motorcycle, was also still on. What is clear to me, although Senior Constable Edwards has a different interpretation, is that he did not ‘resume patrol’. He continued to follow the motorcycle. It seems fairly obvious that the actions of all the police officers that night were dictated or at least coloured by Edwards’ interpretation of the incident on the footpath involving Galwey. His comments on the radio that the deceased had ‘knocked a member down’, ‘tried to take a member out’, ‘tried to run over a member’, and ‘tried to kill a member’ were highly emotive. A number of the witnesses, including civilian witnesses, confirmed Edwards’ evidence that the deceased rode straight at Galwey, as I have already mentioned, although others interpreted the events differently. I accept that Edwards genuinely formed the belief that Mr Goldsmith’s actions were deliberate. In my opinion, this incident was the basis for Edwards’ decision to resume pursuit of the motorcycle. I do not accept Mr Ibbotson’s submission that he did not have a bona fide belief that the incident justified the pursuit. Whether the incident, when viewed objectively, justified the pursuit is another matter. When Edwards resumed his pursuit on North Terrace, the deceased continued to ride the motorcycle in a recklessly dangerous manner, narrowly avoiding traffic, disobeying red lights and grossly exceeding the speed limit, in the process showing signs of belligerence or euphoria by waving his fist and legs in the air. Not only did Edwards continue to pursue the motorcycle, two other vehicles (Adelaide 10 Lind/Stokes - and Adelaide 12, Murray/O'Connor) had joined the
GOLDSMITH%20Brenton%20Maurice.docx