The inquest into the death in custody of Noongar man Jeffrey Winmar commenced on 30 March, 2026. These daily reports from Dhadjowa aim to ensure that the community can be truthfully informed of what takes place inside institutional walls.
Jeffrey Winmar was a 28-year-old Noongar man. He was a beloved son, father, uncle, brother, grandson, and cousin to many. He was a family man who loved spending time with his siblings, nieces and nephews. Jeffrey is remembered by his family for his infectious smile and as the protector of his younger siblings.
Jeffrey was hospitalised after a police pursuit on 9 November 2023. He died two days later in Box Hill Hospital on 11 November 2023.
Multiple police units, including a drone and the canine unit, attended Jeffrey’s house for a planned arrest. In total, 11 police officers were involved in the arrest and pursuit.
Jeffrey’s family hold serious concerns about the conduct and accountability of police during the arrest and his pursuit. Jeffrey Anderson, Jeffrey’s father, states:
“There is a lot we don’t know about the circumstances leading up to Jeffrey’s passing. We are waiting for answers about what happened.”
Disclaimer: Aboriginal and Torres Strait Islander readers please be advised this article mentions the name of an Aboriginal person who has died in custody. This article also mentions acts of violence. Accounts and names have been published with permission given to the author from the family.
Day 1 – 30 March
Following a smoking ceremony, Jeffrey’s family gather outside the Court for a press conference. They hold up a banner painted in black, red and yellow bearing Jeffrey’s face in the centre and the words ‘Justice for Jeffrey.’
Jeffrey’s sister steps forward to address the media:
‘I still have a lot of questions about why Jeff died. I want to know why they used police dogs and when they noticed Jeff was unwell. I want to know what caused his injuries.’“
In her opening statement to the inquest, Rachel Ellyard, Counsel Assisting the Coroner, explains that Leading Senior Constable Nowakowski, the dog handler involved in the pursuit, was the only police officer wearing a body-worn camera during the police pursuit.
As a result, the evidence before the Coroner regarding the arrest and the pursuit will largely rely on the recollection of Victoria Police officers.
We learn that the Coroner has received written notice from the Chief Commissioner of Victoria Police seeking a certificate to protect against self-incrimination under s57 of the Coroner’s Act for all 11 officers involved in the police pursuit. If granted, these certificates will protect the officers from civil penalties, including police disciplinary proceedings.
The Counsels acting on behalf of Jeffrey’s family put to the Coroner that these applications should be refused.
Leading Senior Constable Nowakowski, the dog handler, is the first witness called to give evidence.
Prior to commencing his evidence the Coroner grants Nowakowski a certificate to protect him from self-incrimination.
Nowakowski gives evidence that prior to the pursuit, he was shown a photo of Jeffrey. He states he was not aware that Jeffrey was an Aboriginal man. Nowakowski goes on to say that he doesn’t think knowing Jeffrey was Aboriginal would have changed his actions on the day.
The courtroom is played footage from Nowakowski’s body-worn camera. At one point in the footage we see Jeffrey in a tree, approximately one metre off the ground. The footage captures the following exchange:
Nowakowski: Hey, get on the fucking ground! Get on the ground! Get on the fucking ground!
Jeffrey: Please don’t let the dog bite me, please don’t let him bite me. Please, please.
Jeffrey can be heard pleading with Nowakowski four times in the body-worn camera footage. At no point does Nowakowski reassure Jeffrey that he would not be bitten by the dog if he came down from the tree.
Counsel Assisting: Knowing now that there’s a suggestion in the evidence that Jeffrey was scared of dogs, and might be more likely to run away if there was a dog there compared to not. If you’d known that he was scared of dogs, would that have potentially changed the way you approached him?
Nowakowski:Ah no
Counsel Assisting: Why not?
Nowakowski:Because my dog didn’t make a sound at the front of the property, Jeffrey had made his own decision to run from the property…
Counsel Assisting asks Nowakowski a series of questions about the moments after Jeffrey can be seen to collapse on the ground in the body-worn camera footage.
Counsel Assisting: Someone watching that who cared about Jeffrey might feel that you’d spoken to Jeffrey in a very aggressive way yourself and allowed the dog to bark at him in a very aggressive way and then two minutes later you’re saying, good boy, good boy effectively congratulating the dog for scaring Jeffrey I guess. Now, if that suggestion were to be put to you, you’re congratulating the dog for having terrorised this man who’s unconscious, how would you respond?
Nowakowski: Yeah, so looking at it from an outsider’s point of view, someone that’s not training a dog would see it like that. Basically the way that I see it as a handler, you’ve trained a dog to do a specific task which he’s done, like anything, the dog’s praised for doing a good job…
Mr Nathwani, Counsel Acting for Jeffrey’s Father, Jeffrey Anderson, takes over questioning the witness.
Mr Nathwani: You’ve made it clear all the way through, you were there to arrest Jeffrey, it didn’t matter whether he was Aboriginal, black, white, it just doesn’t matter to you?
Nowakowski: Well yes.
Mr Nathwani: Do you not see in the cultural training you have that’s a problematic position to take?
Nowakowski: Well look, I wasn’t aware that he was Aboriginal, whether it’s up to the investigators to go down that path and seek that option, that’s their job.…
Mr Nathwani returns to the moment after Jeffrey is seen to have lost consciousness in the body-worn footage.
Mr Nathwani: Your evidence, and in fact we watched the body worn.. it’s pretty clear your evidence was you saw as he got on his knees he passed out was the evidence you gave to Ms Ellyard?
Nowakowski: Right.
Mr Nathwani: …And your first reaction isn’t the safety or concern of Jeffrey, it is the success of your operation?
Nowakowski: No, it’s not.
Mr Nathwani: You denied it earlier when I first asked you, but now having looked at that I said to you do you accept you were praising, hollering, whatever you want to discuss or describe what you say to the dog, when you knew that Jeffrey had passed out, what do you say to that?
Nowakowski: Well, I can’t recall the exact timing, it’s a fast situation.
Ms Wong, Counsel Acting for Jeffrey’s mum, Ursula Winmar, also asks Nowakowski a series of questions relating to Jeffrey’s Aboriginality.
Ms Wong: Your training in terms of canine capabilities, does it make no difference to you whether a person is Aboriginal or not?
Nowakowski: Well it makes no difference. As I said, I treat everyone fairly and in the same way.
Ms Wong: So there was no discussion during the planning of the arrest about how an Aboriginal person in particular might experience being pursued or ran after by police?
Nowakowski: I don’t understand sort of where you’re coming from or your question, sorry.
Ms Wong: So you thought it was going to work to say, ‘You’re gonna get bitten’?
Nowakowski: Well just a compliance verbal warning. I was hoping that he would stop.
Ms Wong: And did you turn your mind to the possibility that that threat made it more likely for him to continue fleeing as opposed to complying with your request for him to get down?
Nowakowski: No, definitely not. It was in hope that he would stop.
The inquest into the death in custody of Noongar man Jeffrey Winmar will run from 30 March until 10 April.
Please join us in supporting his family by attending the Victorian Coroner’s Court at 10am each day.
This article was compiled for the Dhadjowa Foundation by Natalie Ironfield.
Jeffrey Winmar’s family stands outside the Coroner’s Court of Victoria. Images supplied by Victorian Aboriginal Legal Service
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