Officer O tells inquest into Indigenous death in custody that he thought positional asphyxia was ‘quite rare’

This article is more than 2 years old

This article is more than 2 years old

A prison guard who was part of a team who held down an Indigenous inmate who later died has told the coroner’s court it did not occur to him that the prisoner may have been in trouble despite signs of him panicking, gasping for air and screaming that he could not breathe.

The immediate action team (IAT) member, referred to as Officer O for legal reasons, was one of five guards tasked with transferring 26-year-old David Dungay Jr to another cell. The court has heard staff at the Long Bay jail mental health ward were concerned about the diabetic refusing to stop eating a packet of biscuits, and wanted him in a camera cell.

Dungay died during the December 2015 transfer during which he was repeatedly restrained face down in the prone position. Video released publicly on Monday shows Dungay saying 12 times he couldn’t breathe, and being injected with a sedative. An inquest is now examining the circumstances around his death.

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Officer O gave evidence on Wednesday afternoon that as a member of the IAT, which responded to emergency and security incidents, he had received brief training in the dangers of positional asphyxia – obstruction of breathing as a result of restraint.

On the day of Dungay’s death Officer O believed positional asphyxia was “quite rare”.

Under questioning by counsel assisting, Paul Downing, Officer O agreed heightened risk factors including obesity, psychosis and asthma.

“What about having multiple officers on someone’s back?” asked Downing.

“Yes,” Officer O replied.

He said he didn’t have particular knowledge of Dungay’s mental health, but made assumptions because they were in the mental health ward.

Warning signs included gasping or breathing heavily, prolonged resistance and panic, and the person saying they couldn’t breathe, he agreed.

The court was shown footage of the incident again but Officer O disputed Dungay was “gasping”, instead describing it as “breathing heavily”.

He agreed Dungay was overweight but not that he was obese. He agreed there was ongoing resistance and panic during the incident, and recalled Dungay saying repeatedly that he couldn’t breathe.

“But you say that at no point during the entire operation did the idea that he might be suffering positional asphyxia enter your thinking?” said Downing.

“No,” he replied.

Officer O had said for much of the transfer period he thought Dungay was trying to trick guards by saying he couldn’t breathe. His concerns in the second cell that perhaps he wasn’t were reassured by officers appearing to check Dungay’s breathing and move his head.

He said his understanding at the time was that if a person could talk they could breathe.

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Officer O said he would be aware of the risk factors in another restraint now, and would check airways if someone was saying they couldn’t breathe.

“If they could talk would that satisfy you they could breathe?”

“Not now.”

Since Dungay’s death Officer O has received no extra training in positional asphyxia, except for a memorandum he received in 2017. Earlier this week other non-IAT corrections officers have also given evidence that they have never received training in positional asphyxia.

A police officer who investigated the death said he had been aware of the risks of prone restraint for the entirety of his 16-year career.

The court also heard Officer O and his teammates had training in de-escalation techniques but none were employed by the IAT. Officer O said a prison officer had attempted to speak with Dungay already.

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“He didn’t want to talk to us, he didn’t want to engage with us, all he wanted to do was fight.”

He said the IAT avoids force if they can, but it was “up to the inmate”.

The Dungay family lawyer questioned whether one minute of time for a mentally ill inmate, who was being treated involuntarily, to comply was “unreasonable” before engaging force.

“I don’t believe so, no,” Officer O replied.

As the two-week inquiry continues a number of disputes over the circumstances of that day are emerging, including whether Corrections staff or Justice Health staff wanted the cell transfer, who ordered the first injection of Midazolam, and who requested or required a second sedative that subsequently went unused.

Officer O said he wasn’t aware of the potential second sedative until after the first was administered, and that they were continuing to restrain Dungay in anticipation of it.

“Looking back now I could see things we’d have done differently,” said Officer O.

“After the first injection he’d have been rolled on his side while we waited for the second one.”

He said there was nothing else he’d do differently.

The inquest continues.