Police had to shoot, Vic inquest told

A police officer had no other choice but to shoot a mentally ill man who charged at him with an axe, a Melbourne inquest has been told.

Michael Bugeja, 34, was fatally shot by police in his Sunshine street in Melbourne’s west on February 21, 2007, the Victorian Coroners Court was told on Monday.

Witness Jason Catania, who was involved in a fight with Mr Bugeja that prompted the police call, said the officer cornered by the axe-wielding man was left with no other option.

“The police officer had no choice,” Mr Catania said in his police statement, read to the inquest.

“The guy was going to attack him with an axe, there was no doubt in my mind about this.

“I was fearing for the police officer’s safety.”

His fiance Michelle Brincat, who was pregnant with their second child, said the police were “brilliant”.

“They were doing their job and I think they really tried to avoid anybody being hurt,” her statement said.

Both said Mr Bugeja ran at one of the policemen while swinging the axe.

On the morning of the incident, Mr Catania was inspecting the smashed windows of his car and asked Mr Bugeja whether he knew anything about the damage, counsel assisting the commission Diana Karamicov said in her opening statement.

Mr Bugeja approached him, took up a boxing stance, and threw a punch before a physical struggle ensued, Ms Karamicov said.

Mr Catania punched him back and armed himself with a pole, she said. Mr Bugeja then threw several bricks at Mr Catania until his mother, whom he lived with, intervened and coaxed him back home.

Two Sunshine police constables, armed with a baton and capsicum spray, arrived about 8.30am and intervened as Mr Bugeja was smashing Mr Catania’s car with an axe, the inquest heard.

When Constable Stuart Chettle told him to stop, Mr Bugeja rushed at him with an axe raised above his head.

Const Chettle “felt that he was in extreme danger when Mr Bugeja took two steps closer towards him and he discharged his revolver twice into Mr Bugeja”, Ms Karamicov said.

Mr Bugeja died at the scene.

Mr Bugeja, who was known to police, had been involuntarily hospitalised at a mental health service several days earlier, the inquest heard.

Ms Karamicov said the inquest would examine Mr Bugeja’s mental state, what information about his mental health was available to police and the role of mental health services.

The inquest before Coroner John Olle is expected to run for seven days.

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