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No adverse police finding

A Victorian coroner has found a police officer acted appropriately when he chased a man who was later struck and killed by a car in Melbourne’s west.

A Victorian man was struck and killed while fleeing police but the senior constable who chased after him acted appropriately, a coroner has found.

Police pulled over St Albans driver Bak Mayer Cier Deng on Ballarat Road in Melbourne’s west on the evening of April 19, 2019.

The 29-year-old, who was driving his friend’s Ford Territory with five passengers, was unlicensed and disqualified from driving at the time. He had also been drinking.

Mr Deng provided his name, address, and date of birth to police but had no documents to confirm his identity. He also eventually admitted to officers that he did not have a licence.

When the senior constable returned to his police car to check Mr Deng’s name, the 29-year-old got out of his car and started walking away.

Mr Deng was worried he would be arrested so he chose to flee the scene, his friends told last year’s inquest.

The senior constable yelled out to Mr Deng to stop but the 29-year-old started running.

When the officer followed him, Mr Deng crossed over two lanes of traffic. He jumped over a metal barrier in the road’s median strip and was immediately hit by a BMW. 

Mr Deng died in hospital the next day from significant head injuries. 

The 29-year-old was previously convicted three times of unlicensed driving but there was no evidence to suggest Mr Deng wanted to put himself at risk, coroner Sarah Gebert found on Tuesday 16 August. Rather he wanted to avoid arrest. 

She was satisfied the senior constable could have formed the opinion that Mr Deng provided the wrong name when he chose to run.

There were no adverse comments on the actions of the police or the BMW driver, Ms Gebert said.

She found there was no evidence to suggest that police pulled over Mr Deng’s car because of his South Sudanese ethnicity.

The senior constable also showed dignity and respect towards Mr Deng during his discussions with him, which were captured on body-worn footage.

The coroner made no recommendations in her findings, noting Mr Deng’s case was unlike other police pursuits and there did not appear to be a systemic issue within Victoria Police. 

But the published findings should inform and enhance police modules for on-foot pursuit training, the coroner said.

Ms Gebert offered her condolences to Mr Deng’s family, who described the 29-year-old as a special person who wanted to help others.

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