Batty father dodged warrant: inquest

A missing warrant meant police were unable to arrest Luke Batty's father when he breached a court order banning him from seeing his son, an inquest heard.

Police told a hysterical Rosie Batty they couldn't arrest her ex-partner just hours after a magistrate deemed he was a threat to their son, an inquest has heard.

Ms Batty said she called police after Greg Anderson turned up at Luke Batty's football training in April 2013, almost a year before her son lost his life.

The incident came on the same day a magistrate said the boy could end up as "collateral damage" in his father's troubled life.

The magistrate made an order preventing Anderson from seeing his son and he also failed to face court on an assault charge, triggering a warrant for his arrest.

Ms Batty told the inquest into Luke's death that she became hysterical when she learned undercover police were at the ground but could not arrest Anderson because the warrant had not been sent through from the court.

"They (police) saw me on the ground sobbing and they talked to me through their car window," she told the Victorian Coroners Court.

The police told her that he wasn't committing a crime at the time and said "we can't arrest him because the warrant hasn't come through".

Ms Batty said the police phoned her the following morning to tell her the warrant had arrived.

Police shot Anderson dead after he killed Luke with a cricket bat and a knife as they played cricket in the nets after training at a Tyabb oval in February.

There were several outstanding warrants for Anderson's arrest when he killed Luke, he was facing child pornography charges and was the subject of an intervention order for threatening to behead his housemate.


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