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A Hobart court has heard how a police officer thought he was going die as he stared into the eyes of a 17-year-old deliberately driving at him.
Key points:
- A Tasmania Police officer continues to be treated for injuries he suffered when he was struck by a 17yo driver
- The driver was shot during the confrontation, with a bullet lodging under his skin
- The police union says the incident is an example of the dangers police can face every day
Tasmania Police Constable Benjamin Fogarty was thrown over the bonnet of the stolen car being driven by the then-teenager who was evading police in Blackmans Bay, in December 2017.
The court heard police had earlier attended a house party and removed the youth after complaints about his drinking and aggressive behaviour, taking him to his residence — only for him to steal a car in the lead-up to the incident with Constable Fogarty.
“I thought he was going to kill me,” Constable Fogarty said in his victim impact statement read to the Supreme Court on Friday.
“I thought I had said goodnight to my wife and kids for the last time that night.”
The driver of the car, who has turned 18 but cannot be named for legal reasons, has pleaded guilty to committing an unlawful act intended to cause bodily harm, and also assaulting three other officers by threatening to drive at them on the same night.
The court heard police had been looking for the stolen car which had been speeding and had earlier that night reversed so aggressively it had pinned a man against a fence at a Kingston block of units.
The car had turned into the cul-de-sac of Crystal Downs Drive in Blackmans Bay to avoid police road spikes — which is where Constable Fogarty and his colleague had parked their police divisional van, between a box trailer and another car.
After getting out of the police car’s passenger side, Constable Fogarty saw the stolen car accelerate towards him.
“[I thought] I would either go under the car and that would be how I would die … or I would be pinned against [the box trailer] and never walk again,” Constable Fogarty said in his victim impact statement.
The court heard Constable Fogarty drew his gun and pointed it at the car, yelling “don’t f***ing do it!”, firing his weapon when the car did not stop.
The car struck Constable Fogarty, catapulting him over the roof, during which time he inadvertently fired a second shot, the court heard, with one of the two shots hitting the driver in the head, the bullet embedding itself just under the skin.
The driver then rammed the divisional van and escaped the cul-de-sac, only to return later as an injured Constable Fogarty was being tended to by his colleague and other units which had arrived, the driver revving the car’s engines, before leaving and returning to a house party.
The court heard the driver told others at the party that “the dogs shot me in the head”, before police arrived and he was taken to hospital under arrest for treatment to his head wound.
Constable Fogarty was also taken to hospital for injuries to his legs and continues to have treatment for a hip injury sustained during the incident.
Career doubts after injury, court hears
The court heard Constable Fogarty had been a police officer for three years when the incident happened, and was left questioning if he wanted to continue in his “dream job”.
He had also suffered post trauma anxiety and was nervous about being the first responder to call-outs, the court was told, with him ultimately changing roles.
The incident had also affected his home life, the court heard.
Defence counsel for the teenager Fabiano Cangelosi said his client had been abusing alcohol at that time of the incident and had been associating with people who were not good for him.
He said the strict bail conditions imposed on him by the courts since his arrest had seen him turn his life around, and he had changed from a person who did not care about the impact of his actions on others, including his family, to someone who wanted to make a positive contribution to society and was hoping to start his first job soon.
“He doesn’t want to be that person who goes to jail for three years, four years, five years and then comes out with nothing to show for it,” Mr Cangelosi told the court.
The driver has been bailed for sentencing next month.
Police at ‘higher risk’, advocate says
Police Association president Colin Riley said the case demonstrated the dangers Tasmanian police officers faced every day.
“Police officers are exposed to very traumatic sights including violent deaths, they are subject to highly charged emotional situations including intervening in family violence matters, but they’re also subject to violence,” he said.
“In this case it’s a dangerous situation where police officers have been driven at in the course of doing their duty.”
He said officers faced long-term mental health impacts from their work, which “put them at higher risk of being susceptible to mental health risks”.
Mr Riley said Tasmania Police was not properly addressing mental health needs and providing necessary support services to its staff.