A WOMAN who witnessed the fatal police shooting of a man on a western Sydney street has told an inquest she did not see him point a gun outside his car window.
Rodney Elkass, 37, was killed last year following a brief confrontation with plainclothed police a block from Castle Hill police station.
He was shot in the head while stopped in his ute about 1pm on September 29 - less than half-an-hour after waving a Glock 17 pistol at his former workmate and his brother when they tried to start a fight.
Penny Biddell was driving up Castle St towards the shopping centre when she saw three men in suits running up the hill, but she stopped when she realised they were going to cross the road in front of her and towards the ute.
Giving evidence at Parramatta Coroner's Court on Thursday, Ms Biddell said one of the men reached for a gun as he approached the car, but she was then distracted by a beeping driver behind her.
She told the court she could not see clearly inside the ute or determine whether it was a male or female at the wheel.
Asked by counsel assisting the coroner, Peter Hamill, SC, whether she saw the driver of the ute point a gun outside the driver's window, she replied: "No."
"I'm sure I would've seen that if it had come out," Ms Biddell said.
Eye witnesses gave contradictory accounts of the same scene on Wednesday.
One of them, schoolteacher Claire Bayley, who was walking up Castle St with her five-month-old baby in a pram, said Mr Elkass appeared "out of control" as he reached for a gun from inside the ute and pointed it out the driver's window.
But another witness, Sonal Kumar, said she never saw a gun in Mr Elkass's hands as she sat in her car about five metres away.
She told the inquest he looked "surprised" when the three officers approached the ute.
According to Ms Kumar's statement to police, Mr Elkass had his "hands up near his face, his palms facing outwards in front of him" at the time.
The inquest before Deputy State Coroner Hugh Dillon continues.
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