A police officer who fired the shots which killed a man in Melbourne's north two years ago has been excused from giving evidence at a coronial inquest on the grounds he might incriminate himself.
Warning: This article contains content that some readers may find distressing.
Gabriel Messo was shot three times after police found him stabbing his mother in the face with a stick at John Coutts Reserve in Gladstone Park on July 16, 2020.
A coronial inquest has heard the officer, who cannot be named for legal reasons, fired at Mr Messo after he ignored warnings to stop the attack.
Mr Messo's mother Lilla Messo survived the stabbing but ultimately lost an eye and developed an acquired brain injury.
Court hears police account of Messo's final moments
The inquest has heard there are conflicting accounts of what happened on the day.
The officer's shift partner, Senior Constable Rebecca Churcher, said Mr Messo only stopped stabbing his mother after he had been hit by two bullets.
She said he then stood up and advanced towards her and her partner before being shot a third time.
But in cross examining Senior Constable Churcher, Counsel Assisting the coroner Ben Ihle QC suggested mobile phone footage of the incident might indicate Mr Messo had moved away from the officers.
The officer who fired his weapon declined to give evidence when called yesterday.
In allowing the officer to be excused, Coroner John Cain agreed there was a possibility he could eventually face criminal charges over the shooting.
"The charges, in all likelihood, would be serious indictable offences that carry significant penalties," Judge Cain said.
The judge said by giving evidence now, the officer could be disadvantaged at any future hearing.
"The interests of justice lie in excusing [the officer] completely," Judge Cain said.
"I have taken into account that there is a considerable amount of evidence already contained in the inquest brief that goes some way to fill any gap created by [the officer] not giving evidence."
Lawyers for the Messo family had urged the coroner to compel the police officer to give evidence, but when giving a victim impact statement today Gabriel's father Fuat Messo said he forgave him.
"From our point of view as a family, we forgive," Mr Messo said.
"[The officers] did the best they could under the circumstances."
Victim's family blames health system failures
The Messo family has criticised the way mental health services treated Gabriel Messo in the days leading up to the attack on his mother.
The inquest heard he had a long history of mental illness.
Three days before he died, he told family and friends he needed help, and was willing to start taking his medication again.
His father told the inquest the next day, Lilla Messo took their son to a mental health service at Broadmeadows Hospital, but they were refused entry because of the coronavirus pandemic.
The coroner was told the day before he attacked his mother, Gabriel Messo broke into his aunt and uncle's house and attacked them.
He was arrested by police, who said he was "delusional" or suffering from a "psychiatric episode".
After being taken to Royal Melbourne Hospital for a mental health assessment he was discharged back into police custody.
Mr Messo was then charged with a series of offences, before being released on bail.
In her victim impact statement, Mr Messo's sister Mary said she now had no faith in the mental health system.
"We cannot comprehend how he was not offered assistance from Broadmeadows Health or was not told to come straight into the hospital the minute he was asking for assistance," Ms Messo said.
"We have never received a simple apology or any genuine acknowledgement of the many, many errors that were made leading up to Gabby's death."
The inquest has been adjourned until September 14.
