Police shooting victim Jonathan Crowley will be forced to beg for money from a government that has pursued him through the courts after his decade-long fight for compensation hit a brick wall on Thursday.
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The legal battle waged by the wheelchair-bound quadriplegic, who was shot in the neck by officers 11 years ago, ended when the High Court refused him special leave to appeal a decision to deny him millions of dollars in damages.
Mr Crowley was shot in the neck after wielding a kendo stick at police during a psychotic episode in December 2001.
An ACT Mental Health psychologist had recommended Mr Crowley be taken into care at a hospital the night before the incident.
The shooting left Mr Crowley in a wheelchair, with ongoing health issues, requiring around-the-clock care and reliant on his ageing parents to oversee his care and expenses.
In May 2011, Justice Hilary Penfold awarded Mr Crowley $8 million damages after ruling ACT Mental Health and the Australian Federal Police had been negligent and owed him a duty of care.
But the ACT Court of Appeal overturned that decision last December, finding ''the trial judge erred in finding that a duty of care arose at any time'' after the police arrived on the scene.
The Crowleys sought special leave to challenge that decision in the High Court. But two High Court judges refused, saying the case had an insufficient chance of success.
Mr Crowley was not present in court on Thursday and his father, Keith, said it would take time to build up the courage to tell him.
With legal avenues exhausted, Mr Crowley's only hope for compensation, a payment from the government, now rests with the federal and ACT attorney-generals.
A government can make compensation payments ex gratia when it is prepared to compensate victims of an accident, but not admit liability.
Keith Crowley said the family made an unsuccessful application for a payment from both the governments about 2005.
The retired school principal said the family would again entreaty both governments for help but did not expect success. Their hopes look slim after Attorney-General Simon Corbell told Fairfax Media his government did not believe there were grounds for compensation.
''It's important to stress that Mr Crowley is in ongoing receipt of treatment by the territory as a public medical patient, and also through the provision of disability support,'' he said.
Mr Corbell said Mr Crowley had received care and support to the value of more than $250,000 since the shooting.
The Crowleys thanked Canberrans for the wave of support after appealing to the public for financial help in January.
Funds can be donated to the family through the Crowley Support Fund at the National Australia Bank, BSB: 082924, Account no: 15-091-8941.
