A coroner has cleared two policemen involved in a fatal shooting of any wrongdoing, but found it was unnecessary that their highly-trained colleagues handcuffed the man when he was either dead or dying.

Coroner Audrey Jamieson has recommended Victoria Police review its methods for containing, arresting and restraining seriously injured offenders after an inquest heard Samir Ograzden was handcuffed 39 minutes after he suffered a fatal gunshot wound to the neck.



Ograzden fired at police during a foot chase through South Melbourne on the night of May 13, 2008, after he had fled from a car that was pulled over. The 25-year-old convicted drug dealer had been in the car with two associates and had a pistol and $10,450 in cash.



During the pursuit Ograzden fired at two officers, and wounded Senior Constable David McHenry in the leg. The other officer, Constable Adam McKenzie, returned fire and hit Ograzden in the neck.



The inquest was told Ograzden was shot about 11.52pm but it was not until 12.29am that police approached him as he lay on the ground, when members of the critical incident response team arrived.



He was handcuffed but declared dead by paramedics at 12.31am, the inquest was told.



A doctor told the inquest Ograzden would have been unlikely to survive the wound even if medical assistance had been close at hand.



Ms Jamieson found it was appropriate the two policemen fired at Ograzden, and that the pair and their colleagues acted responsibly when they cordoned off the area once the gunman had been shot and did not approach until the critical incident response team (CIRT) arrived.



But Ms Jamieson said the specialists’ decision to handcuff a man who was either dead or at the very least seriously injured was unnecessary, and that Ograzden could have been treated more humanely as he posed no threat.



‘‘The decision to handcuff an obviously dead man was unnecessary,’’ she said.



‘‘If not entirely apparent to officers in the cordon who had been directed to await the attendance of the specialist team, it would have been apparent to members of the CIRT that Samir posed no threat to them when they moved in on him, secured his firearm and observed that at he was obviously at the very least unconscious.’’



Ms Jamieson recommended Victoria Police review its methods for restraining dead or seriously injured people and moderate those procedures if necessary.



Victoria Police issued a one line statement that said it would ‘‘take time to consider the findings handed down by the coroner today’’.



The coroner found it unacceptable the highly-trained officers took 17 minutes to arrive at the scene once called.



She also described as unnecessary moves by Victoria Police’s civil litigation team to contact witnesses before the inquest, as the investigation was marred by a ‘‘perception of lack of transparency’’.



Ms Jamieson said Ograzden’s mother was entitled to feel aggrieved at the manner of her son’s death given the ‘‘unacceptable and abhorrent’’ circumstances.



But, the coroner said, his death could have been avoided had he stayed with his associates when their car was intercepted.