11 hours ago
CCC report finds Brent Wyndham, police officer who fatally shot JC, lied about on-duty car crash
The Corruption and Crime Commission (CCC) has recommended a former Geraldton police officer, who fatally shot an Indigenous woman in 2019, be prosecuted for wrongfully ramming a police car into a vehicle and lying in official documents.
Released on Friday, the report found multiple Geraldton police officers committed serious misconduct last year, including Brent Wyndham, who killed a 29-year-old woman, known as JC for cultural reasons, in September 2019.
He was eventually charged with murder over the death, but was acquitted after a Supreme Court trial in 2021 on the grounds of self-defence.
A two-week coronial inquest last year examined the actions of the eight officers at the scene of the shooting.
He resigned from the force earlier this year.
In the CCC report released today, it was revealed that in May 2024, Mr Wyndham and two other officers, constables Alex Miatke and Kasey Hodge, went to investigate a "distinctive" Commodore car believed to be connected to recent crimes.
The commission said Mr Wyndham drove the unmarked police car, though Constable Hodge had higher driving qualification, to the vehicle of interest, which was parked near the Geraldton Softball Association.
The report said the Commodore slowly started to drive away and Mr Wyndham quickly swung the steering wheel and rammed into the car, but it kept moving.
The report said the police car was slightly damaged, and protocol required Mr Wyndham to stay at the scene until an independent sergeant arrived.
Instead, he activated the damaged car's lights and sirens and pursued the Commodore, which was driving on the wrong side of the road.
The report stated the police car then hit the back of the car in question, causing it to hit a lamppost and stop.
The CCC report said the incident lasted just over one minute.
The driver was arrested and later released after questioning at the Geraldton Police Sation.
When the incident was examined, Mr Wyndham justified his driving actions by claiming the Commodore deliberately hit the unmarked police vehicle.
"He [the Commodore driver] rammed us first, 100 per cent," the report quoted.
But body-worn camera footage and CCTV from the investigation showed Mr Wyndham was responsible for the first crash.
WA's CCC chief John McKechnie said the precision intercept technique (PIT) Mr Wyndham used is only permitted in exceptional circumstances not justified by the incident.
"It was a low-speed collision The airbags were not activated. Both cars were drivable thereafter," he said.
He said it could be acceptable to use a PIT manoeuvre if bystanders were in danger, but there was no one around until after the crash occurred.
The report found Mr Wyndham lied in multiple official documents, including his witness statement, claiming there were children nearby at the time.
He later backtracked to say there was one short man on the street.
The report found Constable Miatke made similar false claims in a memorandum and witness statement.
When giving evidence for the investigation, Mr Wyndham continued to claim the Commodore hit the police car in the carpark, and there were people around when he later rammed the vehicle.
"His justification was the alleged ramming by the Commodore and subsequently the presence of civilians in harm's way," the CCC report said.
The report concluded Mr Wyndham committed serious misconduct, which Mr McKechnie said was the highest form of misconduct the commission can give.
The CCC also recommended the Police Commissioner consider prosecuting Mr Wyndham for perverting the course of justice.
"The seriousness of [senior constable] Wyndham's conduct cannot be overstated," the report said.
The CCC suggested Constable Miatke committed police misconduct.
Mr McKechnie acknowledged Geraldton police faced a heavy workload at the time which "didn't help".
"But in the end, corners can't be cut," he said.
"Even if there is pressure."