Josh Warneke coronial inquest: Former detective Mark Fyfe reveals concerns over Gene Gibson imprisonment

The State Coroner says she does not believe Broome man Josh Warneke fell asleep on the road on the night he was killed in 2010. State Coroner Ros Fogliani made the comments on Friday as she concluded a coronial inquest into Mr Warneke’s 2010 death in Broome. More than 20 witnesses were called to give evidence at the inquest over nine days, as it sought to examine how Mr Warneke’s body came to be found on Old Broome Road on February 26, 2010, after he spent the night out with friends and decided to walk home. On the last day of the inquest, Ms Fogliani made some initial findings, ruling that she did not believe the 21-year-old fell asleep on the road on the night he died. “I do not presently believe it likely that Josh went to sleep with his head on the road,” Ms Fogliani said. It could take several months for Ms Fogliani to hand down her final findings as to how the 21-year-old died. In her closing remarks on Friday, Ms Fogliani said Mr Warneke’s mother Ingrid Bishop - who was in court every day for the inquest - had conducted herself with courage and resilience. “She has paid careful attention to the evidence and she confronted its distressing nature with courage,” Ms Fogilaini said. “It is my hope that this inquest ... will allow for some more understanding of the circumstances surrounding Josh’s death.” Outside court on Friday Ms Bishop said she remained hopeful that one day she and her family would find out the truth about what happened to her son. “Yes, I am confident that we will find out how Josh died ... and importantly who did it,” she said. Ms Bishop also said she had met with WA Police Commissioner Col Blanch on Friday who had assured her the investigation into her son’s death was ongoing. Earlier on Friday, a former detective who reviewed the initial police investigation into Mr Warneke’s death said he was so concerned about the original inquiry that he asked a defence lawyer to contact the Indigenous man who was in jail for the 21-year-old’s manslaughter. Former WA Police Detective Inspector Mark Fyfe made the comments on Friday morning as he gave evidence at the coronial inquest. Mr Fyfe said he became so concerned by some aspects the original homicide investigation — codenamed operation Aviemore — that he contacted the defence lawyer and told them to speak to Gene Gibson, who at that time was serving jail time for Mr Warneke’s manslaughter. Mr Gibson’s conviction was later deemed to be unsafe by the Court of Appeal and his conviction was quashed. Mr Fyfe, who spent 35 years with WA Police before retiring in 2017, testified how in 2015 he was appointed to review Operation Aviemore — the operation which resulted in Mr Gibson being charged over Mr Warneke’s death in August, 2012. Mr Gibson was charged at that time without a professional interpreter and was treated as a witness, rather than a potential suspect - a decision later ruled by the Supreme Court as a mistake. Mr Fyfe said within weeks of reviewing the original investigation he and his colleagues had concerns about how the case had been conducted and how certain witnesses had been spoken to. “I became concerned by certain aspects … we had concerns about some of the evidence,” Mr Fyfe said. “The manner in which … interviews were conducted. “We were just concerned by the manner in which the evidence had been obtained.” Mr Fyfe said he was so concerned that as he was preparing a report based on his review findings, he contacted a defence lawyer he knew and told them to speak to Mr Gibson who was still in prison at that time. “I did say that perhaps that Mr Gibson should be spoken to and some steps should be taken in relation to his matter,” Mr Fyfe said. When asked directly on Friday why he contacted the lawyer Mr Fyfe said: “Because I wasn’t happy about Mr Gibson being in prison.” Mr Fyfe later said he did not obtain prior approval from his bosses to speak to the defence lawyer and was later “chastised” for doing so. Mr Fyfe said his report later found its way to Mr Gibson’s appeal team. Mr Gibson walked free from prison in 2017. On Friday, Ms Bishop also read a lengthy and powerful statement to the inquest about her son. “As a family we are continuing to learn how to live without our beautiful Josh,” Ms Bishop said in her statement. “Disturbingly, what is more overwhelmingly for me is the demand placed on us to live with the systemic failures of his murder investigation and the human impact upon us which is indescribable. “I need it to be understood that I have not started my grieving process yet as I am still holding my breath as I wait for outcomes. “I will continue to hold Josh’s hand through this horrific and never-ending ordeal until the time comes when I don’t need to.” Also on Friday, a wreath laying ceremony was held in Broome at the spot Mr Warneke died. Members of the Aboriginal Interpreting WA group were in attendance at the ceremony. “For many years it was a great disappointment to us that interpreters weren’t engaged throughout the investigation, or for the police interview,” CEO Deanne Lightfoot said. “When AIWA directors saw the news with police admitting on the stand that they may have made an error, it impacted all of us.”