Witness Krystal Sinn gave evidence at the inquest into Jason Protheroe's death. Picture: Liam Kidston Source: The Courier-Mail
A WOMAN who watched small-time criminal Jason Protheroe as he was gunned down by a police officer has steadfastly maintained he was not wielding a gun at the time.
Protheroe, 36, died after being shot multiple times by plain clothes Constable Thomas Hess in the backyard of his friend Krystal Sinn's Bracken Ridge home on April 17 last year.
Ms Sinn told an inquest into Protheroe's death on Friday he had nothing in his hands when he walked towards Constable Hess and was fired at "three times".
"He didn't have a gun," she said. "Jason wasn't armed."
She told State Coroner Michael Barnes she believed she witnessed a "corrupt criminal act" but didn't openly accuse the police of acting improperly moments after the shooting out of fear for her life.
She told the inquest she was admitted to hospital after the shooting and was "scared" the police would try to hurt her.
"I would never in my wildest dreams have imagined anything like this happening in Australia, let alone in my backyard," Ms Sinn said.
"What am I going to do? Fight the whole police force?"
Ms Sinn said Protheroe emptied his pockets by pulling them inside-out moments before the shooting.
She said a water bottle and "keys or loose change" fell out and when Protheroe walked towards Constable Hess "his hands were empty".
Jason Protheroe's parents, Valda and Stephen, with cousin Elaine Diphoorn (left) leaving an iquest into his death. Picture: Liam Kidston
Ms Sinn told the inquest Protheroe was near to the clothesline when Constable Hess may have yelled out "stop" before firing his gun.
She said the first shot did not hit Protheroe and "he turned as if to run away" to his right and away from the shooter when he was hit.
"He was sort of crouched over and then he looked up at me and just made a noise. He didn't say anything, it was just a noise and then he fell to the ground," she said.
But Ms Sinn later conceded Protheroe may have turned after being struck by a bullet first.
She said the incident had been traumatic and she'd tried to "block what happened out of my head".
"I wouldn't wish it on my worst enemy," Ms Sinn said.
When counsel assisting the Coroner Peter Johns questioned Ms Sinn over the replica pistol police found laying in the backyard, near to Protheroe's body as he was being treated by paramedics, she said it "looked familiar".
She said the replica pistol was a toy used by her son who may have played with it "days before" the shooting.
Mr Johns: "Could it have been left on the lawn?"
Ms Sinn: "The last time I saw it (my son) was playing with my little brother. It could have been inside and it could have been outside."
She said the gun was featured in Facebook photos which were taken and uploaded in February.
Mr Johns: "I suggest to you it resembles a real gun?"
Ms Sinn: "I've never seen a real gun."
The inquest heard Ms Sinn had struck up an intimate relationship with Protheroe while her partner Craig Jessop was in prison.
She described it as volatile and said they frequently argued but made up again quickly.
Around a week before his death, Ms Sinn said Protheroe appeared more anxious and paranoid and she was concerned he may have been using speed again.
She said she was aware of "rumours" that Mr Jessop wanted to hurt Protheroe over the alleged affair and vice-versa but added he didn't appear to be frightened by them.
Ms Sinn said Protheroe was sad because Mr Jessop was due to be released on parole in May, 2012, which would mean they would see less of one another.
She said on the night before the shooting Protheroe appeared "stressed" about missing an appointment with his parole officer.
Ms Sinn said she woke up the next morning between 7am and 7.30am and Protheroe was already gone.
She said she didn't see him again until he showed up suddenly in the backyard when detectives arrived at her home looking for him.
The inquest continues.
