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Family to fight for justice for Beechboro man shot dead by police

Claire TyrrellThe West Australian
VideoA 38-year-old man was shot and killed by police on November 22 last year.

The family of a Beechboro man shot dead by police while he was unarmed are pursuing legal action against WA Police.

Police today cleared the officer who fired three shots at Ly Tong, 38, at the Yenisey Crescent home last November, killing him instantly.

Commissioner Chris Dawson said he believed the officer, who recently returned to light duties, was acting to protect himself.

“The officer who fired the shot(s) was of the belief the person was armed,” he said.

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“He (Ly) did not have a knife in his hands at the time he came out of the bedroom. Police have concluded that there were no reasonable prospects of convicting the police officer for causing the death of this man.”

Ly Tong.
Camera IconLy Tong. Credit: Supplied

Mr Tong’s sister Oanh Tong said her family were shocked at the decision not to charge the policeman and would fight for justice.

“Our hearts our broken,” she said.

“We have to get justice for my brother — we have been waiting five months and this is what the answer is.”

Ms Tong choked back tears as she questioned police’s actions, asking why they used a gun when they could have used a taser or pepper spray.

“Spray would be enough if they are in danger but they (didn’t) spray or taser at all, why does it have to be three shots,” he said.

“My family doesn’t understand.”

The Tong family had expected a different outcome before police told them they did not have the evidence to charge the officer who killed Mr Tong.

“I am seeking a lawyer. I hope one day I will get justice for my brother,” she said.

Commissioner Dawson said police attended the Beechboro home in response to complaints about Mr Tong acting aggressively and threatening his family and police.

Police said Mr Tong had a knife in his pocket and four knives were found in the bedroom.

There will be a coronial inquest into Mr Tong’s death.

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