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Housnia Shams

Inquest into fatal police shooting of Indigenous man recommends changes to execution of warrants

Stanley Russell's loved ones welcomed the coroner's recommendations following the inquest. (ABC News: Housnia Shams)

An inquest into the death of an Aboriginal man who was shot dead by police in Sydney's north-west has recommended reforming the way officers execute warrants on Indigenous people.

WARNING: Aboriginal and Torres Strait Islander readers are advised this article contains an image of a person who has died.

Gomeroi man Stanley Russell was shot dead by police at his aunt's Seven Hills home in November 2021, after four officers attended the property to execute an arrest warrant.

The court was told that during a search of the house, the 45-year-old was found in the garage wielding an axe and knife, before he was shot by police.

Deputy NSW Coroner Carmel Forbes said that officers fired their guns in response to "their reasonable perception of an immediate risk to their lives".

The court heard Mr Russell had an intellectual disability.

Stanley Russell was fatally shot in November 2021 after officers attended a house to execute a search warrant. (Supplied)

He suffered with depression, anxiety and substance abuse issues which were exacerbated after the death in custody of his brother, who died by suicide in Long Bay jail in 1999.

Ms Forbes said he believed officers hung his brother, despite there being no proof, and this contributed to his fear of going into custody.

"Mr Russell had said he would rather die than go back to custody, six months earlier," she said.

Ms Forbes said none of the officers considered that Mr Russell was an Aboriginal person when executing the warrant.

"The officers may not understand the historical context of the relationship between police and Aboriginal people, and why in that context Aboriginal people might have a particular fear or distrust towards police", she said.

She recommended police work with the Aboriginal Legal Service (ALS) to develop a way to execute bench warrants on First Nations people which would encourage defendants to hand themselves in.

"Hopefully the recommendations will help provide alternatives to confrontational arrests," she said.

Aboriginal Legal Service Coronial Advocate Hannah Donaldson said the recommendation could "save lives".

"We are ready and willing to make this lifesaving reform a reality," she said.

"If properly followed, this procedure would reduce the number of occasions where police show up without warning to arrest an Aboriginal person.

"Aboriginal people who are subject to a bench warrant would be contacted by someone they trust … they could hand themselves in voluntarily and safely."

Advocate Hannah Donaldson says the changes could save lives. (ABC News: Housnia Shams )

The court was told there was no Aboriginal Community Liaison Officer (ACLO) in the Blacktown area command, despite a significant Indigenous population.

Ms Forbes recommended police ensure that in communities with high populations of First Nations people there is an ACLO, and officers be required to undertake Aboriginal cultural competency training.

In a statement, Mr Russell's partner Vickey Fernando thanked the coroner for her recommendations.

"Police didn't follow their own protocols and policies when they went to arrest Stanley, so we will have to wait and see whether this new protocol makes any difference," she said.

The court heard there was limited footage of the shooting.

Ms Forbes found the failure of officers to wear and turn on body-worn cameras was a "serious breach" of policy.

The coroner also said officers should be required to undertake Aboriginal cultural competency training. (ABC News)

The court was told one officer was not wearing a body worn camera, another officer had his one switched off, and the other two constables failed to start recording before entering the home, in accordance with policy.

She recommended police update standards to make clear to officers when they are required to turn on their body-worn cameras and the scope of their discretion not to record.

Ms Forbes found police entered the home without a coordinated plan, despite there being a "risk of violent confrontation, self-harm and a knowledge that [Mr Russell] may take steps to avoid a return to custody".

She recommended a policy be introduced requiring officers to consider a person's mental health issues or intellectual disabilities before deciding to enter their home to execute a warrant.

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