Phone - Heather Harbon
(02) 9235 3100
clerk6@windeyerchambers.com.au
Fax
(02) 9223 3929
Address
Level 6, 225 Macquarie Street,
Sydney, NSW 2000
DX 854 Sydney
Office Hours
Monday to Friday
8.30am to 5.30pm
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John Waters SC02 9235 3100 (m) 041 212 6716 | Areas of Practice Administrative Commercial Law Contracts Coronial Inquests Native Title Property Wills and Probate
Professional Background B.A. (Econ), LL.B. Macquarie University, Sydney, Australia, 1981
Barrister of the Supreme Court of New South Wales. 1993 Appointed Senior Counsel 2021 |
John's practice is predominantly focused on addressing questions concerning indigenous interests in land. He has been named repeatedly as one of a handful of nationally well-regarded barristers in the field of native title and is recognised in both Chambers Asia-Pacific Guide and Doyle’s Guide to the Australian Legal Profession.
John offers practical and realistic advice and service to clients, and has earned and values the respect of colleagues, opponents and stakeholders. He has the breadth of knowledge and experience needed to seek out solutions to often uniquely complex issues and uncertain obstacles to the aspirations of clients. Litigation is a core skill, but it is by no means the first or only option.
John is a professional and independent provider of legal services necessary for avoiding or navigating disputes. His clients have diverse interests and aspirations. He regularly advises, assists and appears for applicants and respondents: indigenous parties, governments, mining companies, rural enterprises, local government, public authorities, representative bodies, Prescribed Bodies Corporate, companies and individuals. He assists in navigating the processes of securing agreements or determinations concerning the undertaking of public and private projects in circumstances where Aboriginal interests are or could be affected.
John practiced continuously as a solicitor in private practice, with emphasis on commercial litigation and property between 1981 and 30 June 1993. Immediately following admission to the Bar John spent two and a half years in the United States advancing his commercial credentials by completing an MBA majoring in finance. John joined Sixth Floor Windeyer Chambers in 1996 and has been part of a small and harmonious chambers continuously since then.
Whilst continuing to work as a commercial and property lawyer, early in his time at the Bar John began to practice in the then fledgling field of native title, initially benefitting greatly from a wide-ranging brief for the State of New South Wales in the Yorta Yorta proceedings; one of the first cases under the Native Title Act 1993 (Cth) which, when considered by the High Court, became a landmark decision.
The focus in John’s practice has remained on issues related to Aboriginal connection to land including giving advice and appearing in proceedings relating to indigenous rights, culture, heritage, community organisation, property, compensation and intra-mural organisation and governance.
John’s work has exposed him to many communities and societies and the issues that are faced by all involved in confronting, managing addressing and harmonising the impacts and benefits of change.
As a consequence of the balanced exposure John has gained to Aboriginal custom, heritage, culture and ethnography, he has been appointed to prepare reports to successive Commonwealth Minister of differing political persuasion under section 10 of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth), including major reports concerning controversial proposals. He has also reported to the Minister on instructions given under the Environmental Protection and Biodiversity Conservation Act 1999 (Cth). All reports have been major works involving public notification, receipt and consideration of representations and often extensive materials from interested parties, and have required the according procedural fairness to all parties and the preparation of detailed reports on the matters identified in relevant terms of reference.
Throughout his time at the Bar, at times with some difficulty due to absences associated with long running proceedings, John has continued to undertake mainstream commercial work, work concerning real property, equity, inquests, estates and other areas of practice not directly related to indigenous issues.
The pages that follow include details of some publicly available decisions in proceedings in which John has appeared. It is to be noted that many contests are long-running and studded with collateral and related disputation. It is emphasised however that much of John’s time and effort is directed towards giving of advice directed toward the avoidance of judicial decisions and securing agreed outcomes.
The following are references to some publicly available decisions in proceedings in which John has appeared. It is to be noted that many contests are long-running and studded with collateral and related disputation. It is emphasised however that much of John’s time and effort is directed towards giving of advice directed toward the avoidance of judicial decisions and securing agreed outcomes.
Appeals:
Malone (Clermont Belyando Group) v Queensland [2023] FCAFC 190. Appeal from Malone v State of Queensland (The Clermont-Belyando Area Native Title Claim) (No 5) [2021] FCA 1639 against determination that native title does not exist.
Valuer General v Sydney Fish Markets Pty Limited [2023] NSWCA 52, (2023) 255 LGERA 415. Appeal from Sydney Fish Markets Pty Limited v Valuer General
Lawson v Minister for the Environment and Water (SA) [2021] NSWCA 6, (2021) 388 ALR 335, (2021 246 LGERA 421. Appeal from Lawson v Minister for Environment and Water (SA) [2020] NSWSC 186, (2020) 351 FLR 54, (2021)19 BPR 40215 and dismissal by Ward CJ in Eq of proceedings where adverse possession claimed in relation to lands vested by NSW statute in State of SA.
Starkey on behalf of Kokatha People v South Australia [2018] FCAFC 36, (2018) 261 FCR 103. Appeals from Lake Torrens Overlap Proceedings No. 3 [2016] FCA 819 against determination that native title not established.
Wyman on behalf of the Bidjara People v Queensland [2015] FCAFC 108, (2015) 235 FCR 464, [2015] 324 ALR 454. Appeals against findings in Wyman on behalf of the Bidjara People v Queensland [2013] FCA 1229 that native title does not exist.
Western Australia v Graham (Ngadju People) [2013] FCAFC 143, (2013) 305 FCR 452. Appeal from findings as to existence of native title in Graham (Ngadju People) v Western Australia [2012] FCA 1455.
Karpany v Dietman [2013[ HCA 47, (2013) 252 CLR 507. Appeal from finding in Dietman v Karpany [2012] SASCFC 53 that native title extinguished by regulation of fishing activities.
Straits Exploration (Australia) P/L v Kokatha Uwankara Native Title Claimants [2012] SASCFC 121, (2013) 114 SASR 516. Appeal against determination that future act may not be done. Straits Exploration (Australia) P/L v Kokatha Uwankara Native Title Claimants (No. 2) [2013] SASCFC 103. Costs.
Commonwealth v Akiba (Torres Strait Sea Claim group) [2012] FCAFC 25, (2012) 204 FCR 260. Appeal from determination in Akiba on behalf of the Torres Strait Islanders of the Regional Seas Claim Group v Queensland (No 2) [2010] FCA 643 that native title exists.
Worimi Local Aboriginal Land Council v Minister for Lands [2010] FCAFC 3; (2010) 181 FCR 320. Appeal from determination of non-claimant application in Worimi Local Aboriginal Land Council v Minister for Lands for the State of New South Wales (No 2) [2008] FCA 1929
Minister Administering the Crown Lands Act v NSW Aboriginal Land Council [2008] HCA 48; (2008) 237 CLR 285. Appeal from NSW Aboriginal Land Council v Minister for Lands [2007] NSWCA 281: (2007) 157 LGERA 18 (see also NSWALC v Minister Administering the Crown Lands Act [2007] NSWLEC 158. Whether land used or occupied or needed or likely to be needed for essential public purposes.
Commonwealth v Clifton [2007] FCAFC 190, (2007) 164 FCR 355. Appeal from interlocutory decision of Finn J in Kokatha People v State of South Australia [2007] FCA 1057 on power of Court to make determination of native title in favour of an indigenous respondent.
Lawson v Minister for Land and Water Conservation [2004] FCAFC 308, (2004)139 FCR 548. Appeal on findings of extinguishment of native title by compulsory acquisition or appropriation for River Murray Waters Scheme in Lawson v Minister for Land and Water Conservation [2004] FCA 165.
Members of the Yorta Yorta Aboriginal Community v Victoria and Ors [2002] HCA 58, (2002) 214 CLR 422. Appeal against findings affirming absence of native title in intermediate decision in Yorta Yorta Aboriginal Community v Victoria [2001] FCA 45, [2001] 110 FCR 224. See Olney J at first instance: Members of the Yorta Yorta Aboriginal Community v State of Victoria & Ors [1998] FCA 1606.
Mogo Local Aboriginal Land Council v Eurobodalla Shire Council [2002] NSWCA 12, (2001) 54 NSWLR 61. Appeal from Eurobodalla Shire Council v Registrar General [2000] NSWSC 1196, [2000] 10 BPR 18,469, [2000] 111 LGERA 459. Whether land vested in her Majesty. Special Leave refused in
Cook on Gas Products Pty Limited v Kelly [1999] NSWCA 270. Negligence, causation. Appeal from Garling DCJ in Kelly v Cook on Gas Products Pty Limited (1998) 29 MVR 415.
Contested proceedings for determinations of native title (including separate questions):
Blucher on behalf of the Gaangalu Nation People v State of Queensland (No 3) [2023] FCA 600. Rangiah J. Determination of native title application.
Related/Collateral to:
Blucher on behalf of the Gaangalu Nation People v State of Queensland (No 2) [2020] FCA 946. Rangiah J. Joinder.
Blucher on behalf of the Gaangalu Nation People v State of Queensland [2019] FCA 108. Rangiah J. Joinder.
Blucher on behalf of the Gaangalu Nation People v State of Queensland [2018] FCA 1621. Robertson J. Use of documents in other proceedings. Release from Harman undertaking.
Blucher on behalf of the Gaangalu Nation People v State of Queensland [2018] FCA 1369. Rangiah J. Joinder.
Ohlsen on behalf of the Ngemba/Ngiyampaa People v Attorney General of New South Wales [2021] FCA 169. Griffiths J. Separate questions concerning extinguishment of native title by historical land dealings under lands statutes as in force from time to time.
Budby (Barada Barna People) v Queensland [No.7], [2016] FCA 1271. Overlapping claimants to determination of native title. Consent determination ultimately agreed.
Related/Collateral to:
Pegler (Widi People of the Nebo Estate) v Queensland [2016] FCA 1272. Overlapping consent determination of native title.
Budby (Barada Barna People) v Queensland [No 6], [2016] FCA 1271. Overlapping Determinations of native title to shared area.
Hunter and Dunrobin (Wierdi People) v Queensland 28 June 2016, Federal Court of Australia, Dowsett J. Reasons not published. Interlocutory application by Budby to join and seek dismissal of overlapping claim filed days before listing of proceedings for consent determination.
Budby (Barada Barna People) v Queensland [No 5] [2015] FCA 1511 Interlocutory application by dissident indigenous parties to join proceedings as respondents).
Budby (Barada Barna People) v Queensland [No 4] [2014] FCA 801 Interlocutory application by dissident indigenous party to join proceedings as respondent.
Budby (Barada Barna People) v Native Title Registrar [2015] FCA 629, (2015) 228 FCR 434 Proceedings under Administrative Decisions (Judicial Review) Act to review registration decision.
Budby (Barada Barna People) v Queensland [No 3] [2014] FCA 607. Interlocutory decision concerning programming orders in three overlapping proceedings.
Murray (Yilka Native Title Claimants) v Western Australia and ors (No 5) [2016] FCA 752. Determination of native title.
Related/Collateral to:
Murray (Yilka Native Title Claimants) v Western Australia and ors (No 4) [2013] FCA 413. Interlocutory strike out application – abuse of process etc..
Murray (Yilka Native Title Claimants) v Western Australia and ors (No 3) [2010] FCA 1455. Interlocutory application - procedural orders.
Murray (Yilka Native Title Claimants) v Western Australia and ors (No 2) [2010] FCA 926, (2010) 188 FCR 48. (interlocutory application - parties).
Murray (Yilka Native Title Claimants) v Western Australia and ors [2010] FCA 595. Interlocutory application - parties.
Harrington-Smith (Wongatha People) v Native Title Registrar [2007] FCA 414. Application to restrain de-registration of claim pending appeal.
Harrington-Smith (Wongatha People) v Western Australia [No 9] [2007] FCA 31, [2007] 238 ALR 1. Determination of native title – 1039 pp., 4010 paras.
Harrington-Smith (Wongatha People) v Western Australia [No 8] [2004] FCA 28, [2004] 207 ALR 483. Interlocutory decision – evidence – genealogical charts.
Harrington-Smith (Wongatha People) v Western Australia [No 7] [2003] FCA 893, [2003] 130 FCR 424. Interlocutory decision – 1426 objections to 15 expert evidence.
Harrington-Smith (Wongatha People) v Western Australia [No 6] [2003] FCA 663. Interlocutory decision – contested adjournment application by applicant after 65 hearing days.
Harrington-Smith (Wongatha People) v Western Australia [No 5] [2003] FCA 218, (2003) 197 ALR 138. Interlocutory decision – application by applicant to amend – viability of amendments proposed.
Harrington-Smith (Wongatha People) v Western Australia [No 4] [2003] FCA 17, Interlocutory decision – evidence – hearsay – historical photographs.
Harrington-Smith (Wongatha People) v Western Australia [2002] FCA 934, [2002] 121 FCR 82. Interlocutory decision – giving of evidence accompanied.
Harrington-Smith (Wongatha People) v Western Australia [2002] FCA 871, Interlocutory decision – representation of party by non-lawyer.
Walker (Ngalia Kutjutgkatja People) v Western Australia [2002] FCA 869. Interlocutory decision – joinder – interest of proposed party – applicant for mineral exploration licence.
Harrington-Smith (Wongatha People) v Western Australia [No 3] [2002] FCA 632. Interlocutory decision – 8 applications concerning evidence, recall of witnesses, location and manner of receiving and recording evidence.
Harrington-Smith (Wongatha People) v Western Australia [No 2] [2002] FCA 184. Interlocutory decision – joinder – interest of proposed party – industry organisation.
Harrington-Smith (Wongatha People) v Western Australia [2001] FCA 1893. Interlocutory decision – setting aside subpoenas to expert witnesses.
Graham (Ngadju People) v Western Australia and ors [2014] FCA 1247.
Related/Collateral to:
Graham (Ngadju People) v Western Australia and ors [2014] FCA 700. Addendum, after further submissions, to findings on extinguishment at first instance.
Graham (Ngadju People) v Western Australia and ors [2014] FCA 516. Findings on extinguishment at first instance.
Graham (Ngadju People) v Western Australia and ors. [2012] FCA 1455. Findings on connection at first instance.
Wyman on behalf of the Bidjara People v Queensland [2013] FCA 1229. Determination of overlapping claims of native title.
Related/Collateral to:
Wyman (Bidjara People) v State of Queensland and ors [No 4] [2014] FCA 93. Making of final orders.
Wyman (Bidjara People) v State of Queensland and ors [No 3] [2014] FCA 8. Determination of no native title.
Wyman (Bidjara People) v State of Queensland and ors [No 1] [2013] FCA 366. Application by competing claimant for leave to appeal from interlocutory decision.
Wyman (Bidjara People) v State of Queensland and ors [2012] FCA 921. Application to amend to rectify mapping error by commencing further proceedings.
Wyman (Bidjara People) v State of Queensland and ors [2012] FCA 454. Application for summary dismissal.
Wyman (Bidjara People) v State of Queensland and ors [2012] FCA 416. Application to restrict use of materials held by expert.
Wyman (Bidjara People) v State of Queensland and ors [2012] FCA 397. Application to restrict access to materials held by expert.
Akiba (Torres Strait Sea Claim Group) v Queensland (No3)[2010] FCA 643 (2012) 204 FCR 1. Determination of native title.
Related/Collateral to:
Akiba (Torres Strait Sea Claim Group) v Queensland (No.2) [2010] FCA 643; (2010) 184 FCR 406. Production of documents used or produced by anthropologist.
Members of the Yorta Yorta Aboriginal Community v Victoria and Ors [1998] FCA 1606.
Related/Collateral to:
Members of the Yorta Yorta Aboriginal Community v Victoria and Ors [1997] FCA 1181 (Evidence of distinctive customs).
Members of the Yorta Yorta Aboriginal Community v Victoria and Ors [1996] FCA 453 (Standing of parties – joinder).
Taking of preservation evidence in pending native title proceedings:
Yaegl people v Minister for Lands (NSW)-NG 6052/98. (NNTT Member Sosso), 24 to 26 May 2011. North Coast New South Wales - proceedings later resolved by consent.
Anderson Gunai-Kurnai People v Victoria – VID 6007/98,VID 398/2005. (North J), 3 to 5 and 10 to 11 December 2007. Victoria – Gippsland area, proceedings later resolved by consent.
Kaanju, Umpita, Lamalama & Ayaputha v Queensland -QUD 6117/98. (Greenwood J.) 14 to 16 July 2007. Eastern Cape York - proceedings later resolved by consent.
Blacklock (Nucoorilma Clan, Gamilaroi People) v Minister, NSD 6106/98. (Buchanan J), 5-7 December 2006. New South Wales – Armidale area. Proceedings later dismissed.
McKenzie (Kuyani People) v South Australia – SAD 6004/98. (Finn J), 25 to 28 October 2004. South Australia - Port Augusta area. Proceedings later dismissed.
Sir Samual and Tjupan claimants v Western Australia - WAG 6001/98. (Sackville J), 18 to 21 October 2004. Western Australia – Leinster area, Proceedings later discontinued.
Dimer (Esperance Nyungar people) v Western Australia –WAG 6097/1998. (Giles J), 2 to 4 and 7 to 10 April 2003. Western Australia – Esperance area. Subsequent ‘Early Neutral Evaluation’ by the Hon. John Lockhart (retired Federal Court Justice). Proceedings later resolved by consent.
Kennedy (Wotjobaluk people) v Victoria – VID 6005/1999. (NNTT President Graham Neate), 17 March 2003. Victoria – Horsham area. Proceedings later resolved by consent.
Wilson (Bandjalang people) v New South Wales – NG 6034/98. (Hely J), 21 to 25 and 28 to 29 October 2002. New South Wales – Evans Head area). Proceedings later resolved by consent.
Gundangara Tribal Aboriginal Corp. v New South Wales – NG 6060/98. Wilcox J, 17-18 September 2002. New South Wales – Goulburn area. Proceedings later dismissed.
Appearances in Future Act processes in the National Native Title Tribunal.
White Mining (NSW) Pty Ltd, Austral-Asia Coal Holdings Pty Ltd & ICRA Ashton Pty Ltd/Scott Franks & Anor (Plains Clans of the Wonnarua People)/New South Wales [2011] NNTTA 110
Coalpac Pty Ltd, / North Eastern Wiradjuri People of the Bathurst, Lithgow, Mudgee area /State of New South Wales [2009] NNTTA 137.
Related/Collateral to:
Coalpac Pty Ltd, / North Eastern Wiradjuri People of the Bathurst, Lithgow, Mudgee area /State of New South Wales [2009] NNTTA 133.
Carol Dawn Bissett and Another / Mineral Deposits (Operations) Pty Limited / New South Wales [2001] NNTTA 104.
Proceedings seeking relief other than a determination of native title.
Munkara v Santos NA Barossa Pty Ltd (No.3) [2024] FCA 9 Charlesworth J. Claim for final injunction to restrain laying of offshore gas pipeline.
Related/Collateral to:
Munkara v Santos NA Barossa Pty Ltd (No.2) [2023] FCA 1421 Charlesworth J. Interlocutory injunction to restrain laying of offshore gas pipeline.
Munkara v Santos NA Barossa Pty Ltd [2023] FCA 1348. Charlesworth J. Interim injunction to restrain laying of offshore gas pipeline.
Nuga Nuga Aboriginal Corporation v Minister for Aboriginal and Torres Strait Islander Partnerships [2017] QSC 321. Decision of Minister refusing registration as an Aboriginal cultural heritage body set aside.
Re: Kelaray Pty Limited and Straits Exploration (Australia) Pty Limited, Ex Parte Mining Act s63N [2017] SAEDRC 14. Determination under alternative State provisions to NTA Subdivision P of application to conduct mining operations (exploration) on ‘native title land’.
Related/Collateral to:
Starkey (Kokatha People) v South Australia and Ors [2016] FCA 1577. Application for stay of orders or injunction following dismissal of claimant application.
Lake Torrens Overlap Proceedings (No 3) [2016] FCA 899.
Lake Torrens Overlap Proceedings (No 2) [2015 FCA 519.
Lake Torrens Overlap Proceedings [2015] FCA 1195.
Straits Exploration (Australia) P/L v Kokatha Uwankara Native Title Claimants [2013] SASCFC 121 Appeal from EDR Court decision and application for Judicial review.
Straits Exploration (Australia) P/L v Kokatha Uwankara Native Title Claimants [2011] SAEDRC 2. Determination under alternative State provisions to NTA Subdivision P of application to conduct mining operations (exploration) on ‘native title land’. Extinguishment of native title.
Straits Exploration (Australia) P/L v Kokatha Uwankara Native Title Claimants [2010] SAEDRC 55.
Wulli Wulli Nation Aboriginal Corporation v Auburn Dawson People Limited (atf The Auburn Dawson Peoples Trust) Federal Court of Australia, Reeves J, 19 March 2013. Application to replace trustee company appointed before determination with PBC.
Related/Collateral to:
Anderson (Wulli Wulli People) v Queensland (No 3) [2015] FCA 821. Consent determination.
NSW Department of Primary Industries v Ardler and Brown (Unreported, Local Court of NSW at Nowra, Dr Gabriel Fleming LCM, 19 March 2013). Costs of $200,000.00 awarded to defendant Aboriginal gatherers of abalone on withdrawal of prosecution during hearing.
Related/Collateral to:
Andrews v Ardler and Brown [2013] DCNSW 94; (2012) 16 DCLR 339, (Appeal to District Court of New South Wales from magistrate’s earlier costs order.)
Andrews (NSW Fisheries) v Ardler and Brown (Unreported, Local Court of NSW at Nowra, Dr Gabriel Fleming LCM, 19 March 2013) Costs of $200,000.00 awarded to defendant Aboriginal gatherers of abalone on withdrawal of prosecution during hearing.
Andrews v Ardler and Brown [2012] NSWSC 845; (2012) 266 FLR 177. Appeal to Supreme Court from separate question determined by magistate, as to availability of “mistake of fact” defence in relation to defendant’s belief that he holds native title.
O’Mara and Syme v Minister for Land and Water Conservation (NSW) and anor [2008] FCA 51, (2008) 167 FCR 145. Interlocutory Application by members of deadlocked claimant group for injunction to restrain third parties (State and Mooralbin Coal) from permitting coal mining.
Rigby and Others v NSW Fisheries. (Unreported District Court of NSW, Blanch CJ, 14 Dec. 2007). Appeal by defendants after reliance on NTA s.211 in prosecution for fisheries offences.
Related/Collateral to:
NSW Fisheries v Rigby and Others (unreported Local Court of NSW, Magistrate Lyon, 2 Dec. 2005). Conviction of 11 Aboriginal defendants for fisheries offences notwithstanding reliance on NTA s.211.
Mason and Others v Lyon and Another.[2005] NSWSC 804. Appeal from ruling in Local Court.
Brown v NSW Coal Compensation Board (CCRT 2007/30-32) (One of thirteen appeals from decision of Coal Compensation Board refusing compensation to Aboriginal people for compulsory acquisition of coalfields.)
Related/Collateral to:
Cruse v NSW Coal Compensation Board (CCRT 2007/33-35)
Coyte v NSW Coal Compensation Board (CCRT 2007/26-27)
Matthews v NSW Coal Compensation Board (CCRT 2007/28/29)
Northern Illawarra Aboriginal Collective Inc v NSW Coal Compensation Board (CCRT 2007/36-38)
Kanak v Minister for Land and Water Conservation [2000] FCA 1105, (2001) 106 FCR 31, (2001) 180 ALR 489. (Dismissal of unauthorized non-claimant application seeking positive determination of native title and collateral injunctions as abuse of process.)
Related/Collateral to:
Kanak v Minister for Land and Water Conservation [2000] FCA 1553. Application for leave to appeal from decision to strike out proceedings.
Some matters unconnected with native title.
Estate of the Late Akos Balazs Melegh [2016] NSWSC 584.
Related/Collateral to:
Estate of the Late Akos Balazs Melegh [2016] NSWSC 249.
Administration of estate of deceased with no Australian relatives – superannuation death benefit - competing applications for probate – questionable wills – other suspicious circumstances – solicitor/executors move to remove caveat, strike out administration claim – collateral claim for family provision by surprise de-facto beneficiary under questioned wills – claims for commission and or costs by ‘solicitor/executors’ under ‘wills’ – fraud - conduct concerning creation of ‘wills’ referred to Attorney General – costs.
Ray and others v Eastern Suburbs Motor Cycle Club Inc. and ors [2012] NSWSC 1151. Application for judicial advice on distribution of proceeds of sale of land held by trustees for unincorporated association. Affairs of association later informally ‘taken over’ by incorporated association formed years later. Documents lodged at time of incorporation described association as ’new‘, not successor to unincorporated body. ‘Life members’ of (former) unincorporated association asserted continuing parallel existence (albeit inactive) of unincorporated association and asserted beneficial entitlement to funds.
Inquest into the death of Private Jacob Kovco.
(Unreported, Magistrate Mary Jerram, State Coroner with a jury, 1 April 2008)
Private Jacob Kovco was an Australian soldier deployed in Iraq. He was fatally wounded by a single upwardly directed shot to the head from his own Browning 9mm sidearm. The incident occurred within Bagdad’s (less dangerous) red zone inside the fortified and secure Australian Embassy compound in a closed ‘donga’ which he shared with two other soldiers, both of whom were present in the closed room at the time of Kovco’s death.
