09.08 am, Tuesday February 14 2012

Cassidy's family try to suppress details

18:55 AEDT Thu Jul 8 2010
By Greg Roberts
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The family of a teenage boy shot dead by police in late 2008 want personal details about him banned from being made public during an inquest into his death.

The lawyer representing the family of Tyler Cassidy says they want the 15-year-old's computer records, mobile phone records, including text messages, medical and educational history, banned from publication during a coronial inquiry.

Such records could include details about Tyler's family having 40 contacts with a doctor at the Austin Hospital, with Tyler attending 20 of those meetings, in the lead-up to his death.

Lawyer Jane Dixon flagged her intention to apply for a suppression order on Thursday, saying it would not be in the public interest for the material to be released.

Tyler was armed with two knives when he died during a confrontation with police, who shot him at a skate park in the inner suburb of Northcote in December 2008.

At the time, media outlets released material from social networking websites showing Tyler involved with the Southern Cross Soldiers, a nationalist group widely regarded as racist.

The family dismissed those disclosures, pointing out Tyler was just a boy, and Ms Dixon told the Coroners Court they did not want to "go through that again".

"After what happened the family would be devastated if it happened again," she said.

Tyler's mother, Shani, has regularly attacked the police publicly since the shooting, accusing them of "heavy-handedness" and a "lack of negotiating skills".

Victorian Coroner Judge Jennifer Coate told Ms Dixon her request was unusual, with lawyers involved in the inquest having already "given undertakings" not to release such material.

She also said she was opposed to Victorian Legal Aid (VLA) submitting medical and school records dating back to when Tyler was aged six , which she said were "inappropriate" and outside the "scope of the inquest".

"I am not going to embark on an investigation of Tyler's educational history and behaviour when he was six or make a diagnosis and analysis," Judge Coate said.

"I propose to look at the shooting and gain a picture of the response on the night and what would have been a more appropriate response, perhaps, on the night."

Judge Coate has previously said she would not let special-interest groups use the inquest as a platform.

She has allowed the VLA and Human Rights Law Resource Centre (HRLRC) to appear, with the VLA to call on Australian of the Year and mental health expert Professor Patrick McGorry to give evidence.

The HRLRC will criticise the alleged failure of the police homicide squad investigation to comply with the human rights charter. Its lawyer Brian Walters, SC, said on Thursday described the exercise as "police investigating police".

The police watchdog, the Office of Police Integrity, is currently conducting a parliamentary inquiry into deaths in Victoria involving police.

 
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