Scrutiny of "Less Lethal" Police Weapons Following Fatal Incidents in Australia

The use of "less lethal" weapons by police in Australia has come under intense scrutiny following the deaths of three individuals within four months due to incidents involving bean-bag rounds and Tasers. These incidents have sparked a series of inquests and civil cases aimed at reevaluating police use of force protocols. The victims include Mark Smith, Krista Kach, and Steven Woodhouse, whose deaths have raised questions about the accountability and oversight of police practices in New South Wales (NSW) and Victoria.

Mark Smith was shot five times with "less lethal" projectiles and Tasered 14 times during a police response to a domestic incident in July 2023. His death was attributed to cardiac arrest, with contributing factors including pre-existing health issues and the stress of the encounter. Krista Kach, 47, died after being Tasered and struck in the chest with a bean-bag round from a Super-Sock shotgun during a standoff with police in Newcastle. The coroner's report indicated that the bean-bag round caused a fatal injury to her heart. Steven Woodhouse died in November 2023 after being shot with bean-bag rounds and Tasered by the Victorian Critical Incident Response Team (CIRT).

In response to Kach's death, the NSW police temporarily suspended the use of bean-bag rounds, although they have since been reintroduced. NSW police acting commissioner David Hudson acknowledged the risks associated with these projectiles, stating, “It was a less than lethal option that was taken and unfortunately... has resulted in a death.” The police have faced criticism for a lack of transparency, as records of the use of force do not consistently include data on projectiles.

Critics argue that the increasing deployment of "less lethal" weapons has not been matched by adequate oversight or accountability measures. Jeremy King, a lawyer representing victims of police violence, highlighted the minimal regulation surrounding these weapons, likening their use to practices seen in U.S. law enforcement. Inquests into the deaths have revealed potential violations of police guidelines, with calls for serious reform regarding the use of such weapons.

There are discrepancies in the reporting of the number of incidents involving "less lethal" weapons. While NSW police reported the use of bean-bag rounds in at least 15 high-risk incidents in 2023, these figures were not included in official use of force statistics. Additionally, the exact details of the weapons used in Smith's case remain suppressed by the Victorian coroner’s court, raising concerns about transparency.

The ongoing inquests and civil cases related to these fatalities may lead to significant changes in how police forces in Australia utilize "less lethal" weapons. As families of the deceased seek justice and accountability, the broader implications for police reform and public safety remain to be seen. Arita Smith, mother of Mark Smith, expressed the need for change, stating, “Is there a better way?” The outcomes of these investigations could shape the future of policing practices in Australia.