Coroner says he regrets that death in custody inquest could not finish on time with case expected to resume in June 2019

Uproar in court as coroner delays David Dungay inquest for almost a year

A Sydney courtroom erupted in outrage as a coroner announced a death in custody inquest would be delayed nearly a year.

The family of David Dungay Jnr had already waited two and a half years for the inquest, and were expected to give their family statements on Friday.

Paul Silva, a nephew of Dungay, stood up as the coroner delivered the news, saying: “In a year another black person will be dead”.

He said those involved in the death of his Uncle should be stood down.

Guards to receive urgent training in asphyxiation risks after David Dungay death in custody Read more

The inquest had been set down for a two-week hearing but very quickly ran behind schedule. By Wednesday the coroner had only heard from around two thirds of the listed witnesses.

“I am regretful that we couldn’t complete the matter by tomorrow,” said coroner Derek Lee.

Dungay died at the Long Bay jail mental health ward during a cell transfer after he refused to stop eating a packet of biscuits. Five immediate action team officers physically restrained him in the prone (face down) position and he was injected with a sedative by a Justice Health nurse.

In footage shown to the court and partly released to the public, Dungay said 12 times that he couldn’t breathe. An expert medical witness testified on Tuesday there were a number of points during the restraint when a medical professional could have recognised the warning signs of asphyxia and stopped the onset of what he believed was a fatal cardiac arrest.

The crowded inquest had legal teams representing six different parties, including the counsel assisting the coroner, the Dungay family, Corrective Services NSW, Justice Health, and individual staff members.

The coroner and counsel assisting had made mention several times over the past two weeks that legal teams needed to restrict their questions to relevant and previously unheard queries.

Speaking outside the court Silva told Guardian Australia he wanted the staff involved in Dungay’s death to be stood down, even if it was paid leave, until the inquest returned in June 2019.

“Because this could happen again,” he said.

He said the Dungay family was “stressed” and feeling “every emotion”.

“If they knew they had too many witnesses they should have set the inquest down for three weeks,” he said.

“It’s awful. We’re coming down here, have traveled five hours to expect findings in what happened to my uncle and we get told we have to wait another 10 months for more witnesses to speak.”

There had been speculation the inquest would be extended, as the inquiry failed to make up for lost time.

Dungay’s mother, Leetona, told Guardian Australian on Thursday morning she didn’t want to rush.

“We don’t want to leave out any witnesses. We want to fight ‘til the bloody end, and that’s what we’ll do,” she said.

Lawyer, George Newhouse, who is representing the family told Guardian Australia the family would have preferred the inquest be completed at least early next year.

“They are absolutely devastated by further delays,” he said.

“It denies closure for their pain and loss of their son, brother, uncle, and loved one.”

A second sitting was also a “terrible” financial impost as well as an emotional one, he said.

Earlier on Thursday the court continued questioning the nurse who injected Dungay. He told the court he was “terrified” during the procedure.

“I was in a mess, I guess, I was terrified, in disbelief,” he told the court.

The inquiry heard from a number of officers who said they were not aware of or not trained in the dangers of positional asphyxia occurring during prone restraint. Corrective Services NSW this week announced a new training course in the use of force – including those risks – would be rolled out for relevant staff.

The assistant commissioner, Kevin Corcoran told the inquest that after hearing the previous week’s evidence he “formed the opinion we need to do something urgently”.

The inquest continues on Friday when it’s expected the coroner will confirm the date of the extended hearing.