Senior Constable Gary Thode was nearing the end of his shift on 12 October 1992 when he was called to assist the Skipton Police remove a drunken person from the Ballarat to Hamilton bus.
At 8.20 p.m., Thode arrived at the Skipton Roadhouse and found Senior Constable Izard of the Skipton Police holding a man. Izard was on leave at this time and in plain clothes. Unsteady on his feet and smelling of alcohol, the male with Izard was repeatedly saying, "What have I done wrong? I just want to get back on the bus". Thode assisted Izard to place the man into the back of Thode’s police vehicle, making sure to engage the child-proof lock.
Izard then approached another male, sitting near the front of the roadhouse and, with some difficulty, escorted him to Thode’s police car. This man was also intoxicated. After placing the property of the two men into the boot of the police car, Thode and Izard drove away. Thode dropped Izard at his home. At this point both of the offenders were co-operative although they refused to give their names. One of the men, who was sitting diagonally opposite to Thode, appeared to have fallen asleep.
As Thode headed down the Glenelg Highway to Ballarat, the man sitting behind Thode became agitated, asking again what he had done wrong. He said, "Look I’ve got $210,000 in the bank". Thode responded, "You’re drunk, sit still and be quiet". The man repeated what he’d said in a raised voice, "I’ve got $210,000". He leaned forward to wave his bank book in Thode’s face, asking him to have a look at it.
At this stage the car was travelling at 90 kilometres an hour and Thode was wearing his seat belt. Suddenly he felt several rapid blows to his face and chest. Realising with horror that he was being stabbed, Thode raised his left hand to ward off the slashing blows. Thode braked, skidding to a halt. He managed to grasp the wrist of his attacker. The police officer felt his hair being pulled back while his attacker continued to try and stab him in the face and chest. Managing to struggle free, Thode looked over his left shoulder. His attacker was the man who had previously appeared to be asleep. Behind Thode, the other man was yelling, "Get him, get him, hit him harder".
Once stationary, Thode let go of the steering wheel and tried to reach his pistol but was prevented by the seat belt, which was covering the butt. He then attempted to open the door until being pulled back again. Behind him, Thode could hear one of the offenders yell, "Don’t let the bastard out, he’s trying to get out, stop him, get him, get him". Thode grabbed the police radio microphone with his right hand and called for emergency assistance several times, fearing he would not be heard. Realising he still had his seat belt on, Thode managed to release it before being pulled back again. The voice behind him continued, "Stop him, he’s getting out, do him, do him".
Thode continued to hold the wrist of his attacker throughout these events. He switched off the car ignition and threw the keys out of the window to prevent the two men from escaping. Struggling free, the police officer pulled his attacker towards him as he got out, wedging his attacker between the front seats. Thode withdrew his pistol and ordered the man to drop the knife. The man responded by saying, "Go on, shoot me, you bastard". Thode hit the man’s left hand with the barrel of his pistol, causing the release of the knife. Pinning him to the front driver’s seat, Thode found the knife and threw it onto the bonnet of the car. He then radioed for urgent assistance and requested an ambulance. Thode continued to restrain his attacker and waited for assistance. A female motorist soon pulled over and asked if she could help. Thode asked her to get help from Skipton Police Station urgently.
The other offender tried to open his back door but was prevented by the child-proof lock. He wound down the window, asking if he could talk everything over with Thode. He claimed he’d been bashed by the police when he was twelve years old. Bleeding profusely, Thode continued to hold his attacker.
Senior Constable Izard arrived in his private car. Thode handed him his pistol, telling him to watch the two men. Thode was later treated for knife wounds to his nose, chin, chest, hand and fingers.
At subsequent bail applications, both men were granted bail with sureties. At committal hearings at the Ballarat magistrates Court, one of the men failed to appear and a warrant was issued for his arrest. Thode's assailant was presented by the DPP on charges of intentionally causing serious injury and recklessly causing serious injury. He was sentenced to three months' imprisonment. During the trial, the presiding judge, Judge Crossley, commended Thode on his professionalism and calmness. He suggested that Thode should be commended by the Victoria Police if he had not already been.
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