WA coroner says Broome man’s death was a homicide, sends case back to prosecutors

A West Australian coroner has referred the death of Josh Warneke in Broome nearly two decades ago to the Director of Public Prosecutions for investigation, concluding he was likely murdered on his walk home from the pub.

Coroner Ros Fogliani delivered her findings on the case earlier this month, after a nine-day hearing at the Broome courthouse last year.

The case had been sent to the coroner after Warneke, 21, was found dead on the side of Old Broome Road in the early hours of the morning in 2010, after walking home from a night of drinking at a local pub.

Warneke had been found lying on the road by a number of taxi drivers who had been ferrying passengers from the Broome town centre to the Roebuck estate, which is a suburb about two kilometres from the town.

It was initially believed Warneke was the victim of a hit-and-run, but further details – including the fact his thongs had been “positioned” next to his body and his injuries were more likely consistent with an attack – caused police to run a parallel investigation into a suspected homicide.

Fogliani investigated a set of hair found on Warneke’s palms at the scene and some black marks were found on his body that would later be considered relevant, but poor forensic methods meant the scene wasn’t preserved as it should have been.

Shortly after Warneke’s body was discovered, police took Pintupi man Gene Gibson in for questioning.

Fogliani said Gibson was said to have “surprised” detectives by admitting to hitting Warneke early into the interview, and he was then formally arrested on suspicion of murder.

Despite a lawyer telling police Gibson had advised them he did not wish to proceed with an interview, Fogliani found it had “continued anyway” with no translator present.

Gibson sat through a six-hour interrogation with police without a lawyer. Instead, he was accompanied by an elder from Kiwirrkurra community, and an investigation of the circumstances of his arrest later found he had practiced “gratuitous concurrence” - that is, agreeing with propositions put to him while in an oppressive environment.

Gibson was subsequently charged with Warneke’s murder, but the charge was later downgraded to manslaughter after the issues with his initial interview were discovered.

His conviction was later quashed entirely.

The case was again reviewed by WA police after Gibson’s conviction was set aside, and Fogliani used the information in the review to determine two possible conclusions that could be supported by evidence.

She said the evidence indicated Warneke had either been run over while lying on the road, or he had been struck with a blunt weapon while walking home to his Roebuck Estate house.

Fogliani ultimately concluded it was more likely Warneke had been struck by a weapon on the head, but both scenarios were still possible.

“I am satisfied that, whether caused by a vehicle, or a weapon, or both, the manner of Josh’s death is unlawful homicide,” she said.

“I have decided to exercise the discretion ... to report this matter to the Director of Public Prosecutions, because I have formed the belief that an indictable offence has been committed, of a very serious nature, resulting in the loss of Josh’s life.”

Fogliani made a number of recommendations to WA police about the handling of the investigation, including the failures of the forensics team, and the issues with interviewing Gibson over the case without a translator or appropriate consideration of his culture. She ultimately did not make findings against individual officers.

Fogliani made specific mention of Warneke’s mother, Ingrid, and her work towards getting her son justice.

“Josh’s mother Ms Bishop has shown courage and tenacity throughout her long and dignified search for the truth,” she said.

“The police investigation was beset with difficulties, many of which have been acknowledged. It is likely that critical evidence was lost due to some of the failures that I have outlined in this finding regarding forensic analyses.

“Nonetheless investigative methods continue to improve and there may be further avenues to explore. It is my hope, and expectation, that all efforts continue to be made to find out what happened.”