The Western Australian police officer responsible for fatally shooting a Yamatji woman in regional WA has had his identity revealed, after a Supreme Court judge lifted a suppression order ahead of a coronial inquest into the woman's death.
In 2019, Constable Brent Mitchell Wyndham shot the 29-year-old mother of one, who for cultural reasons is referred to as JC, in Geraldton, during a confrontation.
JC was carrying a knife and a pair of scissors, and she was shot while surrounded by eight officers after an emergency call by a member of the public.
Mr Wyndham, who was the only officer to draw his gun, became the first WA police officer to be charged with murder whilst in the line of duty in almost a century, and faced a three-week trial at the Supreme Court in October 2021.
He elected to give evidence, and argued he fired his weapon when JC refused repeated demands to drop the knife which resulted in him fearing she was about to stab either his colleagues or himself.
He was found not guilty of both murder and the lesser charge of manslaughter.
Mr Wyndham is still serving in the WA police.
As JC's death was the result of a police shooting, a coronial inquest is mandatory, and earlier this month the Supreme Court agreed to lift the suppression order on Mr Wyndham, first enacted after his arrest and murder charge.
However, it was agreed the suppression order would be kept in place until Friday at 5pm, to allow his legal team to either lodge and appeal, or an application for a stay on the decision.
The Supreme Court confirmed this was not received and Mr Wyndham's name and his return to duty in the WA Police in Geraldton can be confirmed.
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JC's family lodged an application for Mr Wyndham's name to be revealed, after the State Coroner asked for her office, staff, and the lawyers involved in the inquest to have access to un-redacted documents featuring the Constable's name.
The ABC reported lawyers for JC's sister Bernadette Clarke argued in a hearing in April that it was not in the interest of justice for the non-publication of the officer's name to be maintained.
The application as opposed by Mr Wyndham and the Commissioner of Police, with lawyers for the parties arguing the Constable's identify being revealed could pose a risk to himself, along with his family and other officers.
Furthermore, they argued the lifting of the suppression order would lead to a level of further distrust and anger towards the police from the Aboriginal community.
Justice Robert Mitchell granted the request to remove the suppression order, arguing the risk against Mr Wyndham - and well and his family and members of the police - was not sufficient enough when balanced against the principles of open justice.
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"This is a case where, in my view, sunlight is the best disinfectant," Judge Mitchell said, noting it would be "most exceptional" for anyone charged with murder to have their name suppressed, and doing so would suggest a police officer receiving preferential treatment.
"The continuation of the identity suppression order will tend to undermine the community's confidence in the impartiality of the courts for administering criminal justice," he said.
Judge Mitchell did accept a level of distrust in the community existed, but this would only be exacerbated with a further ban on Mr Wyndham's identity, with many in the community already knowing who he was, which had seen no evidence of any violence towards him.
He added there is merit in "legitimate criticism of the conduct of police and [to] demand improvement in police procedures".
The inquest into the death of JC will begin in Geraldton on July 1.
