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| David Dungay inquest: guards who restrained Indigenous man before he died won't be disciplined | David Dungay inquest: guards who restrained Indigenous man before he died won't be disciplined |
| (30 minutes later) | |
| Coroner finds guards’ conduct was ‘not motivated by malicious intent’ but ‘was a product of misunderstanding’ | Coroner finds guards’ conduct was ‘not motivated by malicious intent’ but ‘was a product of misunderstanding’ |
| None of the five guards who restrained David Dungay before his death in Long Bay prison should face disciplinary action, a coroner has found. | None of the five guards who restrained David Dungay before his death in Long Bay prison should face disciplinary action, a coroner has found. |
| Dungay, who had diabetes and schizophrenia, was in Long Bay jail hospital at the time of his death, aged 26, in November 2015. Guards stormed his cell after he refused to stop eating a packet of biscuits. | Dungay, who had diabetes and schizophrenia, was in Long Bay jail hospital at the time of his death, aged 26, in November 2015. Guards stormed his cell after he refused to stop eating a packet of biscuits. |
| Dungay was dragged to another cell by guards, held face down and injected with a sedative by a Justice Health nurse. In harrowing footage shown to the court and partly released to the public, Dungay said 12 times that he couldn’t breathe, before losing consciousness and dying. | Dungay was dragged to another cell by guards, held face down and injected with a sedative by a Justice Health nurse. In harrowing footage shown to the court and partly released to the public, Dungay said 12 times that he couldn’t breathe, before losing consciousness and dying. |
| Announcing his findings to a crowded courtroom in Sydney on Friday, the NSW coroner, Derek Lee, said the professional conduct of the nurse who administered the sedative should be reviewed by the Board of Nursing. | Announcing his findings to a crowded courtroom in Sydney on Friday, the NSW coroner, Derek Lee, said the professional conduct of the nurse who administered the sedative should be reviewed by the Board of Nursing. |
| But Lee did not find that any of the five guards who restrained Dungay should face disciplinary action, saying the immediate action team’s “conduct was limited by systemic efficiencies in training” and was “not motivated by malicious intent” but “was a product of misunderstanding”. | But Lee did not find that any of the five guards who restrained Dungay should face disciplinary action, saying the immediate action team’s “conduct was limited by systemic efficiencies in training” and was “not motivated by malicious intent” but “was a product of misunderstanding”. |
| Dungay’s family reacted with distress and anger at the findings. | Dungay’s family reacted with distress and anger at the findings. |
| Outside the court Dungay’s mother, Leetona Dungay, said justice had not been served. | |
| “I am disgusted and deeply hurt by what passes for justice in Australia. He wasn’t a danger to anyone. He should have been in hospital not jail. | |
| “We want the guards prosecuted. | |
| “If Aboriginal men held down a white man until he was dead, where do you think those men would be? In jail for life. | |
| “I’m his mother and I want justice. I am going to fight until I live in a country where black lives matter.” | |
| Lee said he accepted that the nurse, Charles Xu, found the situation unfolding in the cell “confronting” but that, given Dungay was having trouble breathing, there was a clear “clinical basis to return to the cell and perform observations”. | Lee said he accepted that the nurse, Charles Xu, found the situation unfolding in the cell “confronting” but that, given Dungay was having trouble breathing, there was a clear “clinical basis to return to the cell and perform observations”. |
| Xu’s lawyers had argued there was a “difficult and complex situation in cell 77”, the coroner said, and that Xu had “taken training and was no longer a danger to the public” since the incident. | Xu’s lawyers had argued there was a “difficult and complex situation in cell 77”, the coroner said, and that Xu had “taken training and was no longer a danger to the public” since the incident. |
| Lee said he acknowledged that the “coronial process is a confronting, arduous and distressing process” and expressed his condolences for the “immeasurable and tragic loss” of Dungay’s life. | Lee said he acknowledged that the “coronial process is a confronting, arduous and distressing process” and expressed his condolences for the “immeasurable and tragic loss” of Dungay’s life. |
| The coroner had heard that medical staff at Sydney’s Long Bay jail failed for periods up of up to eight minutes to do basic CPR. They then forgot to remove the safety cap from resuscitation equipment, which came off in Dungay’s mouth. | The coroner had heard that medical staff at Sydney’s Long Bay jail failed for periods up of up to eight minutes to do basic CPR. They then forgot to remove the safety cap from resuscitation equipment, which came off in Dungay’s mouth. |
| Expert medical witness Prof Anthony Brown testified there were a number of points during the restraint when a medical professional could have intervened to prevent his death. | Expert medical witness Prof Anthony Brown testified there were a number of points during the restraint when a medical professional could have intervened to prevent his death. |
| Brown said Dungay had little chance of survival once his heart had arrested but “whatever chance he had was lost” by the attempts at resuscitation. | Brown said Dungay had little chance of survival once his heart had arrested but “whatever chance he had was lost” by the attempts at resuscitation. |
| 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 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 lawyers of the National Justice Project, representing the Dungay family, have said they will “continue to fight for David Dungay’s right to justice”. | The lawyers of the National Justice Project, representing the Dungay family, have said they will “continue to fight for David Dungay’s right to justice”. |
| They are considering three options, including suing the immediate action team and Corrections NSW for wrongful death, seeking criminal prosecution of the officers involved, and seeking prosecution under Safe Work legislation. | They are considering three options, including suing the immediate action team and Corrections NSW for wrongful death, seeking criminal prosecution of the officers involved, and seeking prosecution under Safe Work legislation. |
| “In this case, if David had been left in his cell, and there was no cell move, he would be alive today,” the National Justice project lawyer George Newhouse said in a statement. | “In this case, if David had been left in his cell, and there was no cell move, he would be alive today,” the National Justice project lawyer George Newhouse said in a statement. |
| Leetona Dungay said her family would not rest until justice was done. | Leetona Dungay said her family would not rest until justice was done. |
| “No mother should ever have to feel the pain of burying a son and watching him die begging to breathe,” Dungay told the court on the final day of hearings. “The whole world has seen the footage of David begging for his life and saying he can’t breathe, to his last gasp. | “No mother should ever have to feel the pain of burying a son and watching him die begging to breathe,” Dungay told the court on the final day of hearings. “The whole world has seen the footage of David begging for his life and saying he can’t breathe, to his last gasp. |
| “One minute my beautiful son was alive and healthy, the next he was dead.” | “One minute my beautiful son was alive and healthy, the next he was dead.” |
| Dungay’s death has been the subject of a Guardian Australia podcast, Breathless. | Dungay’s death has been the subject of a Guardian Australia podcast, Breathless. |