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Death in custody: NT paperless arrests will lead to more fatalies, inquest hears Death in custody: NT paperless arrests will lead to more fatalities, inquest hears
(30 days later)
Controversial paperless arrest laws were behind the “unlawful, unnecessary and disproportionate” arrest of a man who died in custody, and more deaths will follow, an inquest has heard.Controversial paperless arrest laws were behind the “unlawful, unnecessary and disproportionate” arrest of a man who died in custody, and more deaths will follow, an inquest has heard.
Kumanjayi Langdon, so named for cultural reasons, died of heart failure from a chronic heart condition in the Darwin watch house on 21 May, three hours after he was arrested for drinking in public.Kumanjayi Langdon, so named for cultural reasons, died of heart failure from a chronic heart condition in the Darwin watch house on 21 May, three hours after he was arrested for drinking in public.
The laws that enabled the 59-year-old’s detention for such a minor offence were criticised as “draconian” by the lawyer representing his family, Jonathon Hunyor.The laws that enabled the 59-year-old’s detention for such a minor offence were criticised as “draconian” by the lawyer representing his family, Jonathon Hunyor.
They allow police to detain anyone who has committed, or they believe will commit, a minor offence for up to four hours without charge or access to a lawyer, and longer if intoxicated.They allow police to detain anyone who has committed, or they believe will commit, a minor offence for up to four hours without charge or access to a lawyer, and longer if intoxicated.
“Kumanjayi Langdon shouldn’t have died in custody, for the simple reason he shouldn’t have been in custody,” Hunyor said.“Kumanjayi Langdon shouldn’t have died in custody, for the simple reason he shouldn’t have been in custody,” Hunyor said.
Langdon was not causing trouble when he was arrested by an officer who spotted him drinking from a soft drink bottle, which he believed contained alcohol.Langdon was not causing trouble when he was arrested by an officer who spotted him drinking from a soft drink bottle, which he believed contained alcohol.
Hunyor said the policeman could have asked Langdon to leave the area, issued an infringement notice, banned him from the central business district or taken him to a sobering-up shelter.Hunyor said the policeman could have asked Langdon to leave the area, issued an infringement notice, banned him from the central business district or taken him to a sobering-up shelter.
Arresting and detaining Langdon was “unlawful, unnecessary and disproportionate”, and infringed on his human rights, Hunyor said.Arresting and detaining Langdon was “unlawful, unnecessary and disproportionate”, and infringed on his human rights, Hunyor said.
“No court could have locked him up for this offence, but police could,” he said.“No court could have locked him up for this offence, but police could,” he said.
Langdon was remembered by his cultural brother, Rex Granites, as an elder, a leader and an educator from the central Australian community of Yuendumu. He was an artist, writer and illustrator who wrote children’s books used in the local Warlpiri curriculum.Langdon was remembered by his cultural brother, Rex Granites, as an elder, a leader and an educator from the central Australian community of Yuendumu. He was an artist, writer and illustrator who wrote children’s books used in the local Warlpiri curriculum.
The court heard there was doctor’s evidence that Langdon was likely to have died that night anyway because of his health condition. “But he was entitled to die as a free man rather than in a cell for criminals, with strangers,” coroner Greg Cavanagh said.The court heard there was doctor’s evidence that Langdon was likely to have died that night anyway because of his health condition. “But he was entitled to die as a free man rather than in a cell for criminals, with strangers,” coroner Greg Cavanagh said.
Counsel assisting the coroner, Dr Peggy Dwyer, said Cavanagh should recommend the legislation be repealed. “The law of paperless arrests will undoubtedly result in more deaths in custody, despite the terrific efforts by police and nurses to keep Aboriginal people safe,” she said.Counsel assisting the coroner, Dr Peggy Dwyer, said Cavanagh should recommend the legislation be repealed. “The law of paperless arrests will undoubtedly result in more deaths in custody, despite the terrific efforts by police and nurses to keep Aboriginal people safe,” she said.
Cavanagh will hand down his findings on Friday.Cavanagh will hand down his findings on Friday.