Josh Warneke: Coronial inquest into the tragic 2010 death of Broome man begins

A coronial inquest into the tragic 2010 death of Broome man Josh Warneke will not hear from the man who was initially charged and then acquitted of his manslaughter. The long-awaited inquest into Mr Warneke’s death began at Broome Courthouse on Monday, with the first three days of the inquest to be held in Broome, before moving to Perth for the final four days. Mr Warneke’s body was found on the outskirts of Broome on February 26, 2010, after he spent the night out with friends and decided to walk home to Roebuck Estate. He had sustained major head injuries. On the opening day of the inquest on Monday, the court was told that a number of experts would give differing opinions as to how Mr Warneke sustained those injuries. Some of those experts were of the opinion Mr Warneke was struck by a car while he was lying on the road. But other experts were of the opinion he was not struck by a vehicle at all, but was hit in the head one or several times by an object causing blunt force trauma. “Your honour will hear from numerous eminent forensic pathologists, a professor of biomechanics and a neurosurgeon offering their competing opinions on what caused Mr Warneke’s death,” Counsel Assisting Rachael Young SC said in her opening address to the court on Monday. Following the opening statements, State Coroner Ros Fogliani and assisting counsel were led by police to various sites through Broome that replicated Mr Warneke’s journey in the moments leading up to his death. The group started at the Oasis Bar on Dampier Terrace before walking down to Skylla Bar – previously known as Bungalow Bar – where Mr Warneke was last seen by friends. Other sites visited were Napier Terrace and McDonald’s Broome through Male Oval, before the walk to Old Broome Road where two Broome taxi drivers discovered the body. In a triple-0 call played to the courtroom on Monday, the taxi driver can be heard on the phone saying “I think this guy’s dead”. Two years after Mr Warneke died and following multiple public appeals by police, detectives appeared to have made the ultimate breakthrough by arresting Indigenous man Gene Gibson. Mr Gibson was originally charged with Mr Warneke’s murder in 2012 but it was downgraded to manslaughter when his interview with police was deemed inadmissible because investigators had failed to follow proper protocols. The failures included the fact that Mr Gibson was not given access to an interpreter during the interview and that police failed to caution him on his right to silence during an initial, unrecorded, interview. Mr Gibson ultimately pleaded guilty to manslaughter and was jailed in 2014 for 7½ years. But he was sensationally released from prison three years later after WA’s Court of Appeal unanimously ruled his conviction was unsafe. On Monday, Ms Young told the inquest hearing Mr Gibson would not be called to give evidence at the inquest. “Given he has been acquitted, Mr Gibson will not be called as a witness,” Ms Young said in her opening address. Thirty witnesses are listed to give evidence at the week-long inquest. Among them are several police officers who worked on the original investigation into Mr Warneke’s death. Dr Clive Cooke, Dr Alannah Buck, Dr Michael Burke, Professor Timothy Ackland and Professor Bryant Stokes AM are among the forensic experts who will give evidence. Broome local Erin Parke was the first to take to the witness stand on Monday afternoon to recount her final moments seeing her acquaintance Mr Warneke in the early hours of February 26, 2010. Ms Parke described Mr Warneke as cheerful and chatty, recalling “the most wholesome chat” she had with him outside Oasis Bar before moving onto the Bungalow Bar at around 12.45am. During their conversation, Mr Warneke told Ms Parke of his car accident a week prior where he was hospitalised in Perth and complained of a sore neck but was not too concerned. Upon entering the bar, Ms Parke told the courtroom she saw Mr Warneke have friendly interactions with other patrons but did not see him again until she left the bar at around 1.45am. It was the last time she saw Mr Warneke alive. Following Ms Parke’s appearance, former Mangrove Hotel worker Megan Tilbrook appeared via audio link to recount her final moments with Mr Warneke. Ms Tilbrook was introduced to Mr Warneke on the night of his death through friends after meeting him at the Bungalow Bar. While difficult to remember, Ms Tilbrook recalled tensions on Dampier Terrace after leaving Bungalow Bar at around 3am, with various people fighting and emerging from the venues bloodied. The group had expressed going to Mangrove Hotel staff housing for a swim and more drinks after leaving the venue at around, but Mr Warneke wanted to go to McDonalds for food. Mr Warneke split from the group and made his way through Male Oval to the fast food chain. Ms Tilbrook and her friends returned to the staff housing, recalling the flashing lights of police and ambulances on Old Broome Road when they passed by on their way to McDonald’s an hour later. They found out the next morning emergency services were attending to the scene of where Mr Warneke was found. Outside court Mr Warneke’s mother Ingrid Bishop described the start of the inquest as a challenging process, but also a “good day.” “I am keeping things guarded and contained and my expectations very much contained,” she said. “It’s very confronting, obviously sitting in a courtroom talking about the most private event in my life. “The last 14 and a half years has taught me many things, and one thing it’s taught me is to always anticipate the worst and keep your expectations real. So that’s what I’m doing.” Premier Roger Cook said he hoped the inquest would finally provide some much needed answers to Mr Warneke’s family. “I hope it provides answers, and I hope to the extent that it can, it provides closure for the family they’ve waited so many years to be able to really see an inquiry, get hold of the difficult issues in relation to Josh Warneke’s passing. I just hope we get the answers that we need,” Mr Cook said.