Josh Warneke: Coroner’s inquest will finally start into Broome man’s 2010 mystery death

It has taken 14 years, six months and 20 days to get to this point, but an inquest into the tragic 2010 death of Broome’s Josh Warneke will finally begin on Monday. It may prove to be the missing piece in a complicated and vast puzzle that has haunted the WA holiday town. The first three days of the long-awaited coronial inquest will be held in Broome, before moving to Perth for the final four days. Dozens of people are expected to be called to give evidence. At the heart of the case — beset by police bungles and a wrongful conviction — is Mr Warneke’s stoic mother Ingrid Bishop, who has never stopped fighting for justice and answers as to what happened to her son. “The coronial inquest starts . . . in Broome, which in itself will be challenging as I haven’t been back to Broome for over a decade,” Ms Bishop told The Sunday Times. “I first discussed my goal of an inquest into the murder of Josh in late 2015, so albeit nearly 10 years of hard work to get to this point, I’m hoping it will be worth it. “Experience tells me to keep expectations contained — and I will.” Mr Warneke’s body was found on the outskirts of Broome on February 26, 2010, after he spent the night out with friends and decided to walk home to Roebuck Estate. He was last seen alive walking near Old Broome and Bagot roads, about a 20 minute walk from his share house, at around 2.45am. A taxi driver found his body on the side of Old Broome Road less than 10 minutes later. He had a serious head injury. Two years after Mr Warneke died and following multiple public appeals by police, detectives appeared to have made the ultimate breakthrough by arresting Indigenous man Gene Gibson. Mr Gibson was originally charged with Mr Warneke’s murder in 2012 but it was downgraded to manslaughter when his interview with police was deemed inadmissible because investigators had failed to follow proper protocols. The failures included the fact that Mr Gibson was not given access to an interpreter during the interview and that police failed to caution him on his right to silence during an initial, unrecorded, interview. One officer told a Corruption and Crime Commission inquiry examining the original police investigation that the interview process was a “a dog’s breakfast”. Indeed, a scathing CCC report found the original police investigation was botched by officers who failed to follow proper procedures. “In many cases the errors of individual officers reflect a deeper malaise and systemic weaknesses which permeates criminal investigations in this State,” the CCC report said. Mr Gibson ultimately pleaded guilty to manslaughter and was jailed in 2014 for 7½ years. But he was sensationally released from prison three years later after WA’s Court of Appeal unanimously ruled his conviction was unsafe. Mr Gibson was later awarded an ex-gratia payment of $1.3 million. He has found himself before court again recently on charges of assault, damage, burglary and stealing. It is not known if Mr Gibson will be among the witnesses called to testify at the week-long inquest. But what is known is that Tom Percy KC is among those acting for Ms Bishop in a legal capacity, leading a team of lawyers representing her at the inquest on a pro bono basis. “Obviously, we are hoping for some clarity over the events surrounding Josh’s death,” Mr Percy told The Sunday Times. “But as with any inquest which takes place so long afterwards, we need to be guarded in our expectations.” After Mr Gibson’s release from prison in 2017, cold case detectives launched a brand new investigation into Mr Warneke’s murder, as well as offering a $250,000 reward — later increased to $1m. “We are confident there are still people in the Broome community who know what happened to Josh who haven’t yet come forward to police,” Acting Detective-Superintendent Peter Branchi said at the time. “It’s been more than seven years since his death and we implore them to speak up now.” The fresh investigation led police to uncover a number of new leads. A four-wheel-drive with novelty number plates seen near where the 21-year-old’s body was found was among the fresh leads police called for public help on, but no further arrests or charges were ever laid. Police sent their investigation files to the State Coroner in 2021, but it wasn’t until earlier this year inquest dates were locked in. In 2021, Ms Bishop — who claims the original police inquiry into her son’s death was “unlawful” — told The West Australian she was keen to have the Coroner fast-track her son’s case as a matter of urgency. It would ultimately take three years for the case to be listed for an inquest. “A public inquiry that examines every facet of the case is needed here,” Ms Bishop said at the time. “We, the family, are just wanting answers to questions that have gone unanswered for a decade. We want the truth.” This week, on the eve of the inquest, Ms Bishop reiterated those feelings, saying all she wanted was the truth as to what happened to her boy. “The Coroner has a hard task ahead and I am hoping that through this process, the Coroner will be able to shine some light on what really happened to Josh to cause his death,” she said. “This is a profound milestone for us and one that has been a very long time coming”. JOSH WARNEKE CASE TIMELINE February 26, 2010: Josh Warneke is found dead with severe head injuries on a roadside in Broome. March 2010: His mother, Ingrid Bishop, makes a public plea for answers about his death. May 2010: Major crime squad detectives reveal they are treating Mr Warneke’s death as a homicide — codenamed Operation Aviemore. February 2012: The WA government announces a $100,000 reward for information leading to the conviction of Mr Warneke’s killer as police claimed to have found “exciting” new leads. August 2012: Police travel to the remote Aboriginal community of Kiwirrkurra, about 1500km south-east of Broome, to interview Gene Gibson without an interpreter or lawyer present and extract a “confession” from him that was later used to charge him with murder. October 2013: Gene Gibson pleads not guilty to the charge. July 2014: The murder charge is dropped after Supreme Court Justice Stephen Hall rules the police interviews cannot be used as evidence in the trial. Mr Gibson then pleads guilty to the lesser charge of manslaughter. October 2014: Mr Gibson is sentenced to 7½ years jail. May 2015: Police reveal five officers implicated in the bungled murder inquiry have been put on restricted duties while an internal inquiry is held. June 2015: The Corruption and Crime Commission confirms it is examining the WA Police investigation. November 2015: The CCC releases a scathing report that found police botched the original inquiry and did not follow proper processes and police procedures. January 2016 Police reveal that 11 officers have faced disciplinary action over their roles in the Warneke case. June 2016 Mr Gibson’s lawyers lodge an appeal against his conviction. April 2017: Mr Gibson is acquitted and walks free from Casuarina Prison. July 2017: Police launch a fresh inquiry into Mr Warneke’s murder and offer a $250,000 reward. February 2020: Ms Bishop renews her calls for a coronial inquest into her son’s death. January 2021: WA Police confirm to the media they have officially handed over their files on the case to the Coroner’s office. July 2024: The WA Coroner’s Court confirms an inquest into Mr Warneke’s death will be held in late September.