The grieving families of two young police officers murdered in a horrific rural ambush have launched landmark legal action against the New South Wales and Queensland police forces. They allege systemic failures and negligence left their loved ones defenceless and have caused them profound psychological injuries.
Legal Action Follows Coroner's Inquest
On Friday, it was revealed that the families of Constables Rachel McCrow, 29, and Matthew Arnold, 26, have filed a lawsuit in the Supreme Court of Brisbane. The action seeks damages for nervous shock, a legal term for severe psychiatric injury caused by the negligence of another.
The lawsuit involves Constable McCrow's mother, sister, and stepfather, as well as Constable Arnold's parents and siblings. Their legal representatives, Brandon and Gullo Personal Injury Lawyers, stated the families were left disappointed by the limited scope of recommendations from a recent coronial inquest into the tragedy.
"Our clients are confident that, but for the alleged negligence of the New South Wales Police Force and the Queensland Police Service, Constable Rachel McCrow and Constable Matthew Arnold would still be alive and with them today," said solicitor Kirk Watterston. He noted the officers would be preparing for Christmas with their families just weeks from now.
The Deadly Wieambilla Ambush
The legal action stems from the catastrophic events of December 2022 in Wieambilla, west of Brisbane. Constables Arnold and McCrow were part of a team visiting the remote property of Gareth and Stacey Train to locate Gareth's brother, Nathaniel.
Upon lawfully entering the property, the officers were ambushed by the trio, who opened fire with high-powered rifles from concealed sniper positions. The coroner, Terry Ryan, found the officers' standard-issue Glock pistols were "woefully inadequate" for defending themselves against such an attack.
Tragically, Constables Arnold and McCrow were murdered at the scene. Two other officers were injured but managed to escape. Local neighbour Alan Dare was also killed when he went to investigate the gunfire.
An inquest later heard that Queensland Police did not have access to threatening emails Gareth Train had sent about police before officers were dispatched to the property. The coroner described the Trains as conspiracy theorists driven by "persecutory" delusions, who were "psychotically unwell" and intent on killing the officers.
Families Seek Lasting Change and Accountability
The coroner's report, released in November, made ten recommendations, including reviewing resources for the Missing Persons Unit and considering mandatory mental health checks for weapons licence applicants in Queensland.
However, the families are pushing for more substantial systemic reform. "Our clients are determined to invoke significant changes to the training, policies and procedures for police in NSW and Queensland, to stop something like this happening again," Watterston stated.
He emphasised the enduring trauma suffered by the families, stating, "What each of our clients are going through extends beyond ordinary grief. Almost three years has passed since those tragic events took place ... yet our clients continue to suffer from severe and debilitating psychological injuries. Time does not heal all wounds."
The Trains were killed hours after the initial ambush in a shootout with specialist police, with the coroner ruling the use of lethal force was appropriate. This lawsuit now shifts the focus to the alleged failures that led the young constables into that fatal situation.