Excerpt: Record of Investigation into Death (Without Inquest)… of Olga Baraquio Neubert
a) The identity of the deceased is Olga Baraquio Neubert;
b) Mrs Neubert died as a result of being shot with a rifle by her estranged husband, Klaus Dieter Neubert;
c) The cause of Mrs Neubert’s death was a contact gunshot wound to the head; and
d) Mrs Neubert died on 14 May 2015 at the Royal Hobart Hospital, Hobart, Tasmania
Police Actions
41. Mrs Neubert was not able to persuade the officer she saw that a police family violence order should be made. In assessing whether the officer may have been justified in his approach, I note he did not even identify who Mrs Neubert was. If he had, he would have been able to access information held by Tasmania Police relating to her and her husband, relevantly, relating to him having reported her as a missing person – and which entry included information about the protective order made in the USA. Had the officer been aware of this information he may have, at the very least, conducted further enquiries.
42. The officer concerned did not record any information, at all, about his dealing with Mrs Neubert. It seems to me, at the very least, the officer should have made an entry in the police family violence management system. At the very least, the information about the incident at Sandy Bay should have been added to the information already held about Mr Neubert. No such entry was made and there is no clear reason why this was so.
43. One final matter that I consider should be commented upon is the fact that Tasmania Police, to its credit, conducted an internal review of the circumstances of Mrs Neubert’s interaction with police. In that review Tasmania Police concluded the officer, whose assistance Mrs Neubert sought, had not breached any departmental policies. The reviewer concluded that they “would expect most people wanting [police] help with [sic] be ready to provide more evidence”.
With respect, I cannot accept that this is a reasonable conclusion in the circumstances. Even without the benefit of hindsight, it should have been obvious that she was particularly vulnerable. She had already been to her solicitors and provided them with considerable evidence, but instead had been sent to the police. Police actually had extra evidence, but the officer involved chose not to look for it.
44. As part of preparing these findings, they were sent, in draft, to Tasmania Police and the solicitors involved. The comments received from both entities has been considered and afforded appropriate weight.
Conclusion
45. I accept that Tasmania Police’s inaction (and the legal advice she received) did not cause Mrs Neubert’s death. However, I consider it necessary to comment that both led to a situation where she was unprotected by a system designed to protect people such as Mrs Neubert.
46. I express my sincere condolences to all those who knew and loved her.
Dated 2 July 2020 at Hobart in the State of Tasmania.
Simon Cooper
Coroner
The full coroner’s report is here.
Media release – Tasmania Police, 22 July 2020
Coronial recommendations
Tasmania Police notes the findings into the death of Olga Baraquio Neubert, in Hobart on 14 May 2015 and has reviewed the comments made by the Coroner, Simon Cooper.
At the time of this tragic incident, Tasmania Police conducted an internal review of the police interaction with Mrs Neubert. It was identified there was a system gap that did not capture reporting of events that did not fall within the legislative definition of family violence. This gap was rectified with new processes and procedures implemented to ensure that any information provided to police, concerning people in an intimate relationship, is captured in one system – The Family Violence Management System. This ensures information is available to all Safe at Home service providers to ensure a collaborative response.
Our thoughts are with Ms Neubert’s family and loved ones at this difficult time.
Scott Tilyard
Deputy Commissioner
