Summary- The
deceased was a 76 year old man who on 16 August 2012 sailed his six metre
catamaran sailboat from Bunbury and never returned. An extensive search
failed to locate the deceased.
The inquest focused on the circumstances of the suspected death and whether
the Coroner was satisfied beyond a reasonable doubt that death occurred and
the cause and manner of death.
The Coroner found the deceased died on 16 August 2012 at Geographe Bay off
Busselton from a gunshot wound to the head. The manner of death was open
finding.
Missing sailor's family thank rescue workers
NICOLE COX
PERTHNOW
AUGUST 18, 20123:55PM
FAMILY of missing
sailor Ian Shardlow today thanked rescue workers for their tireless sea
search efforts, two days after his unmanned boat was found drifting off the
coast of Busselton.
The 76-year-old Australind man has not been seen since he set sail from Port
Geographe marina aboard his 6m catamaran "Two Up'' about 12.20pm on Thursday.
And police have conceded that hopes of finding him alive were fading.
Authorities were alerted when Mr Shardlow failed to make contact with the
Australian Coast Radio Monitors service at 4pm, as he had planned when he set
sail earlier that day.
Four hours later emergency services launched a massive land, air and sea search
when his yacht was found 4.7 nautical miles off Port Geographe travelling at 5
knots. The boat was in gear, the motor was still running and sails down, but
nobody was on board.
Today, Mr Shardlow's family paid tribute to the loved husband, father and
grandfather, saying the tragedy had been devastating.
``Ian was passionate about sailing catamarans and had been sailing for over 45
years,'' they said in a statement. ``He was a very competent sailor and had
owned several catamarans in his time.
``Sadly, Ian was just about to retire and had hoped to sail and travel a lot
more.''
The family thanked the emergency service volunteers, Water Police and State
Emergency Service for their untiring efforts in the search.
Inspector Mike Peters said nine boats, a fixed wing plane and one helicopter had
returned to the search effort at first light this morning, but the contingent
was scaled back to six boats and two aircraft later in the day.
``The search conditions to locate Mr Shardlow have been optimal,'' Insp Peters
said.
``Hopes for Mr Shardlow being found alive are diminishing.''
Anyone who may have sighted Mr Shardlow on Thursday afternoon or his catamaran
around the Port Geographe marina is urged to call Crime Stoppers on 1800 333
000.
Police end missing sailor sea search
Posted
Mon Aug 20, 2012
1:37pm AEST - ABC
Police say they have pulled all boats from the search for a
76-year-old man missing off the coast of Busselton in south-west Western
Australia.
Authorities launched an air and sea search after Ian Shardlow failed to
return home from a sailing trip on Thursday afternoon.
They found his six-metre yacht drifting several kilometres offshore but
have not found the experienced sailor.
Police say they have called off the sea search but a number of patrols are
continuing along the coastline.
Mystery of the missing yachtsman
Nicole Asher
- Busselton Dunsborough Mail
POLICE investigations are continuing into the yachtsman missing off Busselton,
as mystery surrounds his disappearance, despite the search being scaled down.
Ian Shardlow’s boat was discovered with the main sail down and the motor engaged
five nautical miles off the coast of Busselton.
South West emergency services have been searching for Mr Shardlow since the
alarm was raised on Thursday afternoon when he failed to return to Port
Geographe Marina.
A search for Mr Shardlow began and his yacht, Two Up, was found by Busselton
Volunteer Marine Rescue at 8pm on Thursday night, but Mr Shardlow, 76, was not
on board.
A land, air and sea search then began, incorporating two helicopters, nine boats
and a fixed wing aircraft with radar devices that pick up heat and items on the
water.
Senior Sergeant Steve Principe from the Busselton Police said that although the
search had been scaled down, enquiries were continuing and rangers were
patrolling the coastline.
“At this stage we really have no idea what happened to him, so there’s going to
be an ongoing investigation.
“All we know is that at some point he went overboard.
“Mr Shardlow did everything right, he registered his trip and return time and
called his wife to let her know where he was.
“His wife was the last person to talk to him when he called at 2pm on Thursday
from his boat.
“He is a very experienced sailor, but we believe he wasn’t wearing a life
jacket.”
It was originally thought that two life jackets were missing from the vessel.
“Some of the rescue crew involved said they had never seen such an extensive
search, everything was thrown into it.
“The sea rescue volunteers did a fantastic job, they donated their time and
worked long, long hours providing such a valuable service.
“Everybody put everything they had into the search.
“This is a timely reminder for people out boating to book in with the local
rescue service, include the name or call sign of the vessel, how many people are
on board, your fuel supply, departure location, estimated time of return and the
destination you are heading to.
“You can lodge your trip details with either your local sea rescue or with the
Australian Citizen Radio Monitors (ACRM) on 9727 2451,” Senior Sergeant Principe
said.
Police are interested in hearing from anyone who saw a boat on the water on
Thursday afternoon.
People are encouraged to call Crime Stoppers on 1800 333 000 with any
information.
RECORD OF INVESTIGATION INTO DEATH
Ref No: 4/14
I, Barry Paul King, Coroner, having investigated
the suspected death of Ian Shardlow with an inquest held at Perth Coroners
Court, Court 51, CLC Building, 501 Hay Street, Perth, on 7 February 2014
,
find that the death has been established beyond all reasonable doubt that the
identity of the deceased person was Ian Shardlow and that death occurred on 16
August 2012 at Geographe Bay off Busselton from unknown causes in the following
circumstances:
Counsel Appearing :
Sergeant Lyle Housiaux assisting the Coroner
INTRODUCTION
Ian Shardlow (the deceased) was a fit 76 year old man. He and his
wife, Kerry, resided in Australind. He had planned to retire from his job as
an electronics technician in the near future and to travel with his wife. He
was reasonably healthy and he enjoyed life.
The deceased was a very experienced sailor and owned a six metre
catamaran sailboat that he often sailed on his own.
On 16 August 2012 the deceased carried out some work in Bunbury in
the morning and then took his boat out in the early afternoon. When he did
not return when expected, a search commenced. The deceased’s boat was found
that evening, but he was not on it.
Blood stains were found on fittings of the boat near the cockpit.
Biological material which was determined to be the deceased’s brain matter
was also found on various places around the cockpit. A live .22 calibre
cartridge and a spent .223 cartridge were found in the boat, but no firearm
was found. Six life jackets, the required number, were in the cabin.
An extensive search failed to locate the deceased.
On 20 August 2012 Detective Senior Sergeant Munday, the officer in
charge of South West Detectives, contacted the Bunbury Court to report that
the deceased was missing from his boat and that blood on the boat was
consistent with the deceased either taking his life or meeting another
violent injury. He also mentioned the fact that the two cartridges were
found on the boat.
As a result of Senior Sergeant Munday’s report, on 21 August 2012
State Coroner Alastair Hope directed under section 23(1) of the Coroners
Act 1996 that the deceased’s suspected death be investigated by police.
Under section 23(2) of the Coroners Act
1996, where the State Coroner has given such a direction, a coroner must
hold an inquest into the circumstances of the suspected death of the person,
and if the coroner finds that the death of the person has been proved beyond
a reasonable doubt, into how the death occurred and the cause of the death.
I held an inquest on 7 February 2014 as required. The documentary
evidence adduced at the inquest was the report of Detective Sergeant David
Beard, the police officer who led the investigation into the deceased’s
death. In addition, Sergeant Neil Blaver, a forensic investigator and
bloodstain analyst, provided oral evidence to complement a report that he
had prepared during the investigation.
THE DECEASED
The deceased was born in England on 9 June 1936. After completing his
national service with the Royal Air Force, he immigrated to Australia.
The deceased was a self-employed electronics technician with his own
business, Shardlow Electronics, in which he specialised in the service and
repair of automatic teller machines (ATMs) in the South West region of
Western Australia.
The deceased had once owned a licensed semi- automatic .22 calibre
rifle, but he handed it in to police in 1997 and it had been destroyed.
The deceased’s health was generally good. He suffered from gastric
reflux, high cholesterol and arthritis, but received medications for each
condition. He had longstanding noise induced hearing loss for which he wore
hearing aids with apparently good effect.
1
1
Ex 1, Vol 2
Tab 56
In 2011 the deceased was diagnosed with bladder cancer in its early
stages. He underwent surgery which successfully removed the tumour.
2
Following that, a blood analysis revealed a high white blood cell
count consistent with leukemia, but further testing revealed that the
deceased had persistent lymphocytosis which would not be likely to affect
his health.
3
For about six weeks prior to his death the deceased experienced dizzy
spells when standing quickly and cold extremities, consistent with low blood
pressure.
4
He had made
an appointment to see his doctor about the episodes.5
The deceased was married and had five children. His life insurance
had expired when he turned 75.
Evidence obtained from his wife, Kerry,
6
his doctor
Dr Lorraine Smith7
and Malcolm
Hockley, a security guard and friend who accompanied him at his work with
ATMs,8
consistently established that the deceased had a positive attitude to life.
He and his wife had made plans to retire and had made a list of things which
they intended to do, which included travelling in particular.9
He was
planning to perform several maintenance jobs on his boat in order to prepare
it for the upcoming season.10
He was also
planning to look into the possibility of manufacturing electronic shark
guards as a project once he retired.11
The deceased was a keen sailor, having some 45 years sailing
experience and having owned several sailing
yachts. It was not unusual for him to go out
on his boat during the week after he finished a job
12,
but in the time leading up to his disappearance he had not been out on it
for some time.13
He could
swim but was not a good swimmer.14
EVENTS LEADING UP TO THE DECEASED’’S
DISAPPEARANCE
On 14, 15 and 16 August 2012 the deceased serviced ATMs with the
assistance of Mr Hockley.
On 14 August 2012 while the two men were doing a job at Eaton Fair,
the deceased mentioned that he was not feeling well, that he was sweaty and
off-colour.
15
That
afternoon he rested in the sun reading a book, after which he felt fine.16
The next day the deceased’s condition appeared to have improved, and
he told Mr Hockley that he felt much better. He also spoke about plans that
he and Kerry were making to take a luxury river barge trip in Europe.
17
On 16 August 2012 the deceased stayed in bed while Kerry had a shower
and got ready to go to work. He then got up to make them a hot drink. He
mentioned in passing that it was going to be a beautiful day but did not say
anything about going out on his sailboat.
18
The deceased went to the Bunbury Plaza shopping centre where at about
9.00am he met up with Mr Hockley in order to service an ATM. They completed
the job at 10.35am.
12
Ex 1, Vol 1,
Tab 3, Tab 6
13
Ex 1, Vol 1,
Tab 8
14
Ex 1, Vol 1,
Tab 3
15
Ex 1, Vol 1,
Tab 8
16
Ex 1, Vol 1,
Tab 3
17
Ex 1, Vol 1,
Tab 8
18
Ex 1, Vol 1,
Tab 3
During the time they were doing that job the two men discussed a
number of topics. The deceased mentioned his recent dizzy spells and the
need to get his blood pressure checked. He talked about his car servicing
and the need to stockpile diesel fuel before the business closes down. He
told Mr Hockley that his boat had a scum line on it that he needed to clean,
and he said that he was going to go down to the boat that day.
19
In his statement to police, Mr Hockley said that there was nothing in
their conversations that would indicate that the deceased was planning not
to be around. Everything the deceased spoke about was positive. Mr Hockley
said that the deceased definitely was looking forward to spending more time
on his boat.
20
Mr Hockley’s wife
,
Kylie, met with the two men just as they finished the repairs to the ATM.
She also noted that the deceased was in good spirits and that their
conversation was about the deceased’s upcoming retirement and his plans to
travel to Europe and England with Kerry.
The deceased and Mr Hockley left the Bunbury Plaza shopping centre at
about 10.45am. Their next job was scheduled for 22 August 2012.
21
At 12.25pm on 16 August 2012 the deceased radioed the Australian
Coastal Radio Monitors (ACRM) in Capel to advise that he was intending to
sail about five miles offshore in the Geographe Bay area near Busselton. He
said that his estimated time of return was 4.00pm.
22
At about 2.00pm the deceased rang Kerry.
23
He would
regularly call her during the day to let her know his location as a security
precaution. On this day he said
19
Ex 1, Vol 1,
Tab 8
20
Ex 1, Vol 1,
Tab 8
21
Ex 1, Vol 1,
Tab 8
22
Ex 1, Vol 1,
Tab 4
23
Ex 1, Vol 1,
Tab 3, but this may be 1.29pm per Telstra records at Tab 44
that he was out on the boat. When Kerry
noted that he had not told her that he was going to go out, he said that it
was such a beautiful day with calm conditions that he was just going to
motor around. He said words to the effect that it was really lovely and that
he was having a great time. The deceased told Kerry that he would be in at
4.00pm and would be home at 5.30pm. Kerry noticed nothing unusual about the
conversation or the way in which the deceased was speaking.
24
At about 4.15pm Kerry rang the deceased to see how he was going, but
the call went straight to voice mail. She tried again at 4.30pm, 4.50pm and
5.15pm without success.
25
She then
called the ACRM base.
As the volunteers at ACRM were familiar with the deceased and knew
that he would often return later than he estimated, they did not try calling
him as soon as he did not call at 4.00pm. However, when he had not checked
in by 6.00pm they tried to call him on his mobile phone and his home phone
without success. They then called the water police.
26
THE SEARCH
Busselton Volunteer Marine Search and Rescue searched Geographe Bay
and located the deceased’s boat at 8.00pm that evening. The boat was about
4.5 nautical miles north of the Port Geographe Marina with its sails down
and its four horsepower motor running in gear with the rudders lashed
loosely.
27
The boat
was heading generally east. No-one was aboard.28
An extensive three-day air, sea and land search for the deceased then
ensued until about 12.45pm on 19 August 2012, but the deceased was not
found. Had the
24
Ex 1, Vol 1,
Tab 3
25
Ex 1, Vol 1,
Tab 3 but see Tab 44
26
Ex 1, Vol 1,
Tab 4 and Tab 44
27
Ex 1, Vol 1,
Tab 6 and 24
deceased been floating on the surface of the
water, it is likely that he would have been found.
29
Advice was obtained from survival expert Dr Paul Luckin that if the
deceased had not been wearing a life jacket, as seemed to be the case, he
would not have survive past mid-afternoon on 17 August 2012.
30
INVESTIGATIONS
When police officers first attended the boat at sea after it was
found by the Busselton Volunteer Marine Search and Rescue volunteers, they
noticed blood on the cockpit area and pooling around a mast stay, but
nothing to suggest that there had been a struggle aboard.
31
No weapons
were seen.
The boat was towed back to the Port Geographe Marina where it was
guarded by police until it could be examined in detail the next day by the
South West District Forensic Examination officers under the supervision of
Detective Sergeant David Beard.
The officers noted blood and biological material around the cockpit
area, the cabin roof and the front deck area. There were bloodstains on most
of an aerial affixed to the left side of the transom.
Police found a pair of glasses, a hearing aid and a plastic container
containing lunch food, all on a dash board to the front of the cockpit.
In the cabin on a raised section between hatchways to the hulls was
an opened plastic bag lying flat. Sitting loose on the bag was a spent .223
rifle cartridge. On the back left-hand floor of the cockpit in a drain hole
was a live .22 cartridge. In my view, neither of the cartridges looked new.
The .22 cartridge had been
29
Ex 1, Vol,
Tab 24
30
Ex 1, Vol,
Tab 24
31
Ex 1, Vol 1,
Tab 5 and 6
corroded somewhat, possibly from seawater,
32
and the
surface of the .223 cartridge looked dull and pitted.33
The Port Geographe Marina provided police with CCTV footage taken
that morning of the carpark and the footpath to the gate leading to the
deceased’s boat pen
.
That footage included brief scenes of the deceased at his car and then
walking towards the gate. As he was walking, it is apparent that he was
carrying a long, black tube-like object under his right arm in a manner
similar to the way one might carry a rifle.34
The wide-
angle view makes it difficult to be sure about the relative dimensions of
the tube.
The existence of the black tube may be explained by, or be relevant
to, the fact that a roll of black plastic sheeting was found on the boat.
35
BLOODSTAINS
Because of the discovery of blood and biological material, the police
Forensic Bloodstain Pattern Analysis Team was called in to conduct a full
examination. A report of the team’s analysis of the boat was prepared by
Sergeant (then Senior Constable) Neil Blaver.
36
Sergeant Blaver found altered bloodstains distributed from the bow to
the stern, on the port side edge and on the front of a blue canopy that was
folded on its frame above and to the rear of the cockpit. These blood stains
were altered by a physical or physiological alteration consistent with being
co-mingled with biological material, which was ultimately determined to be
brain cortex and white matter from the deceased.
37
Portions of
brain material were found on the front deck, on the roof of the cabin near
the cockpit, on the
left side seat at the back of the cockpit and
on the blue canopy.
38
Projected bloodstains were seen on several surfaces of the boat
including the aerial, the solar panel at the back of the cockpit, the motor,
the blue canopy, the rigging and the mast. The size, shape and relative
distribution of these projected bloodstains indicated that force had been
applied to a blood source; namely the deceased’s head. Most of the blood
stains on the aerial, solar panel and canopy were altered and appeared
diluted, most likely by the deceased’s cerebrospinal fluid.
All of the blood stains and brain cortex material was identified as
by DNA analysis to be the deceased’s
.39
Sergeant Blaver testified that the distribution of the bloodstains
and biological material including brain matter was most likely caused by a
bullet striking the deceased’s head
.
That was the case even if the spent
.223 cartridge had not been found.
40
Blood and biological material seen on the port side of the mast and
steps was analysed to determine that at the time of impact of a bullet, the
deceased’s head was on the port side of the cockpit at or below the height
of the cabin,
41
suggesting
that he was sitting down on the port side in the cockpit at the time.42
It was not possible to determine the direction from which the bullet
was fired.
43
FURTHER
INVESTIGATION
Senior Constable Beard and his team obtained the Telstra records for
the deceased’s mobile phone
44
The
record confirmed that the deceased had made no calls after 1.29pm on 16
August 2012.
The team also checked the deceased’s bank records and confirmed that
the deceased had not used any account since the same day.
The team searched the deceased’s car and his home and shed but found
nothing to assist the investigation. They obtained his computer and checked
his emails with the same result.
CONCLUSION AS TO WHETHER THE DEATH HAS BEEN ESTABLISHED
In my view the evidence, particularly that of the brain material
ascertained to be the deceased’s
,
establishes beyond all reasonable doubt that the deceased died on 16 August
2012 at Geographe Bay off Busselton.
CONCLUSION AS TO CAUSE OF THE DEATH
The evidence of Sergeant Blaver establishes that the deceased was
likely sitting on the port side of the cockpit at the time of the gunshot
wound. It follows in my view that the deceased was almost certainly alive at
that time.
The fact that brain material was found on various places of the boat
from the front deck to the seat in the cockpit establishes that the gunshot
must have caused brain material to be ejected with some force from the
deceased’s head
.
Even in the absence of expert evidence, I am satisfied that the
deceased died instantaneously from the shot.
In these circumstances, I find that the cause of death was a gunshot
wound to the head.
CONCLUSION AS TO HOW THE DEATH OCCURRED
The issue of how the death occurred is a disturbing mystery.
The evidence establishing that the deceased died from a gunshot wound
to the head together with the existence of a spent .223 cartridge in the
cabin of the boat tempts a conclusion that the deceased used that cartridge
or another similar one of the same calibre to shoot himself, there being no
indication that another person was with him on the boat.
45
If that had
occurred, it is difficult to imagine that the deceased had shot himself
accidently, which would point to a finding of suicide.
It is possible to conjecture that the deceased carried a
.223 calibre rifle rolled in black plastic
to his boat from his car that morning as the CCTV footage may indicate, and
that before he shot himself he placed himself in such a position that when
the rifle was fired he fell over the side of the boat, taking the rifle with
him.
It is also possible to explain the presence of the spent cartridge as
either having been ejected from the rifle (if it were a semi-automatic
rifle) or having been fired earlier by the deceased to ensure that other
cartridges in his rifle would fire. The former scenario is unlikely given
the position in which the spent cartridge was found. The latter scenario is
supported by the apparent age of the spent cartridge.
The existence of the live .22 calibre cartridge defies explanation,
especially since the deceased voluntarily handed his licensed .22 rifle to
police in 1997 and was not known to have had another once since then.
It is sometimes said that there is a presumption against a finding of
suicide. In other words, there needs to be clear and cogent evidence
supporting such a finding before one is made.
Even without any such presumption, in my view there is a great deal
of evidence indicating that the deceased was unlikely to have killed himself
intentionally. That evidence included the universally held assessment of the
deceased by those who were close to him as being a man who enjoyed life. On
the day of his death he presented as always. He appeared to be looking
forward to, and planning for, the future.
Also relevant is the fact of the deceased’s calls to Kerry and to the
ACRM to inform them of his planned return. Making those calls seems
inconsistent with a plan to commit suicide.
In short, there was no evidence indicating a reasonable basis for a
motive for the deceased to end his life, and much evidence to the contrary.
While it is unlikely that the deceased died by way of an accident or
from the actions of another person, neither or those scenarios are beyond
the realms of possibility.
In these circumstances I make an open finding as to how the death
occurred.
Ian SHARDLOW
