A man who accidentally shot himself in his head with a glock 17 pistol has been awarded a $200,000 damages payout.
The man, whose name has not been released, was walking along a road in the remote village of Mooloolaba, in NSW’s north, when he lost control of his vehicle and hit the pavement.
He sustained multiple fractures and spent the next few days in hospital.
When his family saw his condition they contacted police and the man’s family said they had been unaware he had shot himself.
Police allege the incident was “accidental” and it is alleged the man was walking to a friend’s house when he accidentally hit the side of the road with the glock.
It is understood the man is a self-employed man and has no criminal history.
ABC News contacted the man for comment but has not heard back.
A statement released by the Manly-based Police Integrity Commission says it was notified of the accident on November 14 and the matter was investigated by NSW Police.
“The investigation concluded that the accused was walking and not driving in an area of the area where he accidentally struck the pedestrian, causing serious injury,” the statement reads.
In a statement, the NSW Police Integrity Commissioner said the investigation showed the man did not have the requisite licence and that “there was a lack of awareness of the law in the area at the time”.
“The accused did not provide evidence of a collision,” the commissioner said.
But a spokesperson for the NSW Road Safety Authority said the authority had investigated and found the driver did not contravene any rules in the road, including the Road Traffic Act.
“There were no offences reported against the driver and the driver’s licence was never suspended,” the spokesperson said.
“The police officer involved was never informed of the matter and the police officer had no knowledge of any other road safety offences or the collision.”
The incident has sparked a debate over what rules should be applied when driving in areas where pedestrians are walking and there is no road available to pass.
Road Safety Authority spokesperson, Mark Johnson, said the force did not believe the driver was in the right.
“[There is] no evidence to suggest that there were other road users in the same area that were using that road, nor that the driver had any legal right to be on that road,” Mr Johnson said.
He said the man had been issued with a “notifiable” licence for driving in a prohibited area and had had an inspection completed, which “indicates the police had not received a complaint about the driver”.
“However, he had failed to complete an inspection, and as a result, his vehicle was impounded,” Mr Johns said.
A spokesperson for NSW Police said the agency was not investigating the case and the investigation into the incident “has been closed”.
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