A specially trained officer who blocked the Bourke Street driver’s path hours before he mowed down and killed pedestrians, let the man pass because he thought he wouldn’t ram police.
Senior Constable Gregory Ralston, from the critical response team, told an inquest he was locked in a “Mexican stand-off” with James Gargasoulas on the morning of January 20, 2017.
Gargasoulas, on the run from police in a stolen car after stabbing his brother, had dodged officers and was being chased by multiple police units.
He was travelling up to 40km/h when his path was blocked by Sen Const Ralston and his partner’s vehicle in a South Melbourne street.
Gargasoulas slowed down and waved for the officers to move.
“I took that to mean he didn’t want to ram police or that he was trying to run us down in any way, he just wanted us out of the way,” he said.
“It happened so quick. There was a Mexican stand-off, so to speak.
“I was thinking we either attempt to block him in or move the vehicle out of the way.
“The car was on us. That’s when I made my decision.
“I just turned right and allowed him to pass.”
Gargasoulas could have easily passed by mounting the gutter but at the time Sen Const Ralston believed the only options were to move or crash.
Under cross-examination from a lawyer representing six people killed in the Bourke Street tragedy, Sen Const Ralston agreed the encounter was “potentially” an opportunity to try to engage with Gargasoulas so he could be arrested.
“But I wouldn’t agree it was a safe opportunity,” he added.
“There’s nothing to suggest he wouldn’t have put his foot down and aim at us directly.
“I removed that risk altogether by letting him move around.”
Sen Const Ralston said arrests had to occur in line with policy, even for the most heinous offenders.
“It was never stressed it was of utmost importance to breach policy to get him arrested then and there,” he said.
Shortly after, a police pursuit of Gargasoulas started then stopped due to safety reasons.
On Monday, Sergeant Matthew Peck, who was Sen Const Ralston’s partner, conceded the encounter was a missed opportunity to arrest Gargasoulas, who then mowed pedestrians down on city footpaths, killing six and injuring 27 others.
The inquest continues.
