Dunghutti man died in prison three years ago after being restrained and sedated

This article is more than 2 years old

This article is more than 2 years old

A family’s three-year wait to hear why their son died in a prison cell just weeks before he was due for release will come to an end on Monday, with the start of a coronial inquiry.

David Dungay Jnr, a 26-year-old Dunghutti man, died in 2015 after he refused to stop eating biscuits in his cell and guards rushed in and restrained him. Dungay was moved to another cell and, held face down on the floor, injected with a sedative, Midazolam. A short time later he died.

Since his death Dungay’s family has called for justice, questioning how he was restrained and sedated by prison staff. His death and their fight is the subject of a new Guardian Australia podcast: Breathless.

“My uncle’s saying ... I can’t breathe, I can’t breathe. They’re saying you’re talking so you can breathe. Paul Silva

The inquest into Dungay’s death is expected to examine the actions of staff in restraining and sedating a prisoner, and the policies and guidelines around such situations.

The coroner is expected to view internal prison footage of the incident as evidence, but not all of it will be released to the public.

Dungay’s family have seen the footage.

“That’s going to be playing in my mind forever. I think about that at least once a day,” Dungay’s nephew, Paul, told Breathless.



“My uncle’s saying ... I can’t breathe, I can’t breathe. They’re saying you’re talking so you can breathe.”

“They smashed his face with a shield, and they’ve covered his mouth and you could hear, like when you’re in the water … you could hear him say ‘I can’t breathe’ and his voice is gurgling like it’s water, but it’s blood.”

David Dungay Jr dies in custody, and his family are changed forever – photo essay Read more

Paul and Dungay’s mother, Leetona, both described staff holding Dungay down on his bed, his throat pressed against the hard edge of the bed, and described his sedation.

“Shortly after giving it to him they say: ‘alright Dungay we’re gonna leave you now, you’re gonna be right in here by yourself for the night; we’re going to watch you’,” Paul said.

“He doesn’t respond, and you hear one guard say: oh fuck he’s gone, oh fuck he’s gone.”

“To watch my son pass away in front of my eyes is devastating,” said Leetona.

Guardian Australia has previously reported concern from medical professionals about the use of the sedative, Midazolam, in combination with holding someone face down in what’s known as prone restraint, in settings like prisons where the patient can not be constantly monitored to ensure they keep breathing.

Facebook Twitter Pinterest David Dungay’s death and his family’s fight for justice is the subject of a new Guardian podcast Breathless. Photograph: Carly Earl/The Guardian

It has been linked to several deaths in custody in Australia, but never determined as the cause.

Midazolam is a powerful and commonly used sedative in hospitals and prisons. In the US it is often used as part of the mix of lethal injections for state executions.

In the second episode of Breathless, Dr Jonathan Knott, a Melbourne Hospital emergency department physician, says Midazolam is an effective and common sedative, but “not without its risks”.

Doctors issue warning over tranquilliser linked to deaths in custody Read more

Knott, who also does research and teaches about the management of acutely agitated patients, estimates he has administered Midazolam to patients “hundreds of times”.

“The opportunity to work out what’s going on when there’s that huge level of agitation, threats of violence, kicking out, is really hard. So drugs that will nicely bring someone down to a level where we can get them to sleep or calmly discuss things are what we’re seeking,” he said.

“There’s no such drug that exists that allows us to do that easily and 100% safely, so it needs to be administered in a fairly controlled environment. Places like emergency departments are critical care areas; we have highly trained staff and manage this fairly closely.”

He said ideally a mental health ward would be set up as an appropriate environment.

The inquest is scheduled to run for two weeks and will speak to dozens of prison staff and medical officers, as well as Dungay’s family. Dozens of family members have requested government assistance to travel to the inquest but had not received any by Friday.