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Officers in pursuit advised 'time is on your side' months before deadly Bourke Street attack

New questions are being asked about the "risk averse" decision from Victoria police not to intercept the car allegedly involved in the Bourke Street rampage.

Police had been monitoring the vehicle in the hours leading up to the attack. By the police's own admission the car had been acting erratically and there were multiple chances for them to stop it.

Five days after the tragedy where five lives were lost and dozens more were injured, it has been reported Police Command had directed its officers not to rush in to intercept stolen or suspicious vehicles.

A leaked email revealed Victorian Police officers were directed against rushing to intervene during pursuits months before the deadly Bourke Street attack. Picture: 7 News
A leaked email revealed Victorian Police officers were directed against rushing to intervene during pursuits months before the deadly Bourke Street attack. Picture: 7 News

Victoria Police had been told not to shoot at or rush to intercept stolen or suspect cars months before last Friday's CBD car attack.

The Herald Sun reported on Wednesday that Victorian Deputy Commissioner Andrew Crisp wrote in an email to all officers in September: "Plan your approach and response when intercepting a stolen or suspect vehicle - time is on your side."

The September 13 memo said police training and worldwide experience had shown shooting a moving vehicle would unlikely stop it, and would pose an unnecessary risk to public safety if the driver was hit, causing the vehicle to become out of control.

Little Zachary Bryant was farewelled on Tuesday during a private funeral. Photo: Supplied.
Little Zachary Bryant was farewelled on Tuesday during a private funeral. Photo: Supplied.
Three of the other victims Jess Mudie, Matthew Si and Thalia Hakin lost their lives as a result of the Bourke Street attack. Photo: 7 News/Supplied
Three of the other victims Jess Mudie, Matthew Si and Thalia Hakin lost their lives as a result of the Bourke Street attack. Photo: 7 News/Supplied

Mr Crisp noted each circumstance needed to be "considered on its merits".

“Dynamic risk assessments must be conducted with a view to identifying the greater or lesser harm that could be posed,” he wrote.

The email followed a series of incidents where criminals were believed to have rammed police vehicles, according to the newspaper.

“You can’t guarantee what offenders and suspects will do, so it is vital that you consider the actions of often desperate individuals fixated on avoiding apprehension or causing harm to you,” he wrote.

Following the tragedy, the deputy commissioner told Sunrise earlier this week "Our police members at time have expressed frustration in relation to bail related matters... our state coroner she will be conducting a review".

He went on to defend the actions of the police officers involved in Friday's ordeal after it emerged police had been pursuing alleged killer driver Dimitrious "Jimmy" Gargasoulas for some time before he allegedly ploughed through pedestrians in the CBD.

The Victorian Police Association secretary argued the force was sometimes “risk averse” and the car should not have reached the CBD, as officers were in pursuit of the alleged offender hours beforehand.

Police union secretary Detective Senior Sergeant Ron Iddles believes police had several opportunities to intervene ahead of the Bourke Street tragedy. Picture: Sunrise
Police union secretary Detective Senior Sergeant Ron Iddles believes police had several opportunities to intervene ahead of the Bourke Street tragedy. Picture: Sunrise

Detective Senior Sergeant Ron Iddles told Sunrise on Wednesday members tailing Gargasoulas were presented with opportunities to intercept.

"Some of our members are frustrated particularly those who were in involved. There was an opportunity in Chapel Street where where they believed they could have intercepted or rammed vehicle," he told David Koch.

"There was no direction not to do it but the policy is you don't ram vehicles. So there's a lot of information out there about our pursuit policy and some members at times get a bit confused."

He said the leaked email was not a "no pursuit policy" and rather a "safety notice" but it made members "restrictive and second-guess their judgement".

RELATED: Officers denied opportunities to intervene in Melbourne CBD rampage: Police Union secretary

Senior Sergeant Iddles argued the accused driver was caught up in heavy traffic on Chapel Street in Prahran between 10am and 11.30am, which he said would have been the opportune time to act.

"It couldn't move. That's the appropriate time to take a car out," he told The Age on Tuesday.

Former homicide squad detective Charlie Bezzina told the Herald Sun officers are given too many directives in emergency situations but was concerned police did not take the opportunity to intercept by boxing-in or ramming the vehicle.

“Here’s a bloke that allegedly stabs his brother, steals a car, abducts a woman,” he said.

“Police know who he is, he is boxed in with traffic, car ­located by air wing, pursuit abandoned. It’s not just a bloke doing doughnuts.”

Chief Commissioner Graham Ashton defended officers' actions on 3AW radio, earlier this week, saying he supported the police actions, including a decision to call off the pursuit when the alleged offender was driving erratically.

Chief Commissioner Graham Ashton backed the officers’ decisions '100 per cent'. Picture: 7 News
Chief Commissioner Graham Ashton backed the officers’ decisions '100 per cent'. Picture: 7 News

"You're in a position where you have to make those calls and make them in your best judgment and certainly these officers, everything tells me, they're making decisions at the time around what's best for the community and what’s going to get the best for community safety," Mr Ashton said.

He told Neil Mitchell on Monday “split-second decisions” were made based on the circumstances at the time, without foreseeing the tragedy that would follow.

“The decisions had to be made at the time and I’m confident they were making them around for the right reasons. There would have been opportunities to do things, and opportunities were attempted by members.

“People are going to be making decisions not knowing what happens next. They don’t know the consequences like we know today,” he said.

Jimmy Gargasoulas, 26, has been charged with murder after five people were killed and many others badly injured when he allegedly deliberately ran down pedestrians in the Melbourne mall after police had tailed him for hours beforehand.

The events of the incident would now form part of a much wider coronial investigation.