Girlfriend of man shot by police disputes that officers told him to drop knife

Aboriginal and Torres Strait Islander readers are advised that this article contains an image and the name of people who have died.

A woman has told an inquest that she did not hear police tell her partner to drop a knife before he was shot dead at a Far North Queensland home.

A coronial inquest in Cairns is examining the factors leading up to Aubrey Donahue's death on March 25, 2023, at Mareeba, including the actions of police and negotiators, and the response to nearly two years' worth of domestic violence reports involving the 27-year-old.

The hearing before Coroner Terry Ryan was told that, on the day of his death, police had been negotiating with Mr Donahue, who had locked himself and his partner in a bathroom for several hours, when a Special Emergency Response Team officer broke in and shot him dead.

In her evidence on Wednesday, the woman, who cannot be identified for legal reasons, said she had previously told police she had not feared for her safety while in the bathroom.

Counsel assisting the coroner, Melia Benn, said the officer who fired the fatal shot, who also cannot be identified, said in his statement that he shouted twice for Mr Donahue to drop his knife before firing.

The partner said she never recalled hearing this.

Police response

The court heard the relationship had been on and off for a few years, beginning when the partner was 17, and Mr Donahue was 25, and he had been living with the woman and her family for nearly two months.

Recalling the day of the shooting, the woman told the court Mr Donahue panicked when he noticed police arrived at the house.

She and her mother told the court he repeatedly said he didn't want to go to jail and that he held a knife, which he always carried, to his throat, before grabbing his partner and taking her to a bathroom where he locked the door.

The officers who arrived at the house told the inquest that, in initial conversations with the partner through the locked bathroom door, she said she was alone, but Mr Donahue later spoke and confirmed he had a knife.

Senior Constable Sean McRae told the coroner Mr Donahue sounded disturbed and potentially suicidal.

He told the inquest that Mr Donahue told officers through the locked door, "Hope you got your gun ready, hope you got a body bag."

Officers requested reinforcements and the Special Emergency Response Team, which arrived and prepared to break in.

The court was shown body-cam footage from a different officer who, several hours later, stood outside the house and negotiated with Mr Donahue.

The camera didn't show anything inside the room but recorded audio of the partner screaming, "Help me," before a series of bangs.

These were described as the bathroom door banging open, a 'flash-bang' distraction device, as well as a firearm shot.

History of domestic violence

The inquest also heard that in the days before his death, there had been multiple calls to police from the woman's friend and family about Mr Donahue's behaviour, and that there had been two visits from officers.

However, on both occasions, officers were told Mr Donahue was not at the house, the inquest heard.

The partner recalled the history of their relationship, describing it as abusive in "every possible way".

From six months in, she said he was "controlling every action, every word, everything I did, everything I thought about".

She said he also hit her and had held a knife to her throat on multiple occasions.

In the months since he had been released from prison, she said Mr Donahue's mental health was also under strain, and he had been using the drug ice.

Police questioned

In cross-examination, Gerard Mullins KC, representing Aubrey Donahue's family, questioned multiple police officers as to why police didn't call in Mr Donahue's mother or other family members to assist in de-escalating the situation.

Several officers acknowledged family could sometimes be helpful, but Senior Constable Ellen Boss said calling in family could be a "big unknown risk" and could endanger another civilian's safety.

When asked if that would change if she knew the relationship was good, she said, "I'd have to live in that house to be satisfied that that is a safe option."

When responding to statements the partner had made that she did not feel she was in danger, Senior Constable Boss said she and other officers had good reason to believe the partner was at risk.

She said, given the history of domestic violence, she couldn't be sure Mr Donahue wasn't pressuring the partner to say she felt safe.

Senior Constable Boss also noted that police had been called after the partner messaged her cousin on TikTok, telling her to call the police because Mr Donahue was in the house.

The inquest is expected to finish at the end of next week.