Coroner slams NT police over man's death

17 Sep 2012, 7:14 pm   -   Source: AAP

The actions of Northern Territory police in relation to a man who died in custody have been severely criticised by a coroner.

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Northern Territory Coroner Greg Cavanagh has slammed the actions of police who dealt with an Aboriginal man who died in custody in Alice Springs.

In his 79-page findings, Mr Cavanagh said some police who dealt with the man known since his death as Kwementyaye Briscoe were immature and utterly derelict in their duties.

"I find that the care, supervision and treatment of the deceased while being held in custody by the Northern Territory police was completely inadequate and unsatisfactory, and not sufficient to meet his medical needs," Mr Cavanagh said on Monday.

He said the death was preventable and should not have occurred.

Despite having committed no crime, Mr Briscoe was taken into protective custody on January 4 because he was extremely drunk, and he was found dead in his cell five hours later.

Soon after he was arrested and placed in the back of a police van he drank most of a 700ml bottle of rum carried by another prisoner who had not been properly searched, and the coroner said this might have contributed to his death.

At the watch-house one officer, Constable Gareth Evans, was recorded on CCTV dragging Mr Briscoe along the ground.

Const Evans later used "undue vigour" to sling Mr Briscoe towards a counter, but probably did not commit any offence, Mr Cavanagh said.

Two probationary constables on duty at the time when Mr Briscoe was in custody, David O'Keefe and Janice Kershaw, came in for special criticism.

Mr Cavanagh said they failed to keep Mr Briscoe under close observation as directed and were "utterly derelict".

"They were distracted apparently by various things including an iPhone, iPod and the internet," he said.

Aboriginal leader Barbara Shaw from Alice Springs called for Const Evans to be sacked over his handling of Mr Briscoe.

If an Aboriginal police officer had been caught being rough to a non-Aboriginal person charges would have been laid, Ms Shaw said.

The coroner said the probable cause of Mr Briscoe's death was a combination of being very drunk, positional asphyxia and aspiration, which obstructed his airways.

He said up to 10 police officers had been formally disciplined over errors and failures in relation to Mr Briscoe on the night he died.

NT Police Commissioner John McRoberts confirmed no officer had been sacked over Mr Briscoe's treatment and no criminal charges had been laid, but said lessons had been learnt.

"The changes that have been made to NT police policy and procedures since then will go as far as we possibly can to prevent a repeat," Mr McRoberts said.

Professor Hal Wootten, a royal commissioner during an investigation into Aboriginal deaths in custody that released its findings in 1991, said young police were not aware enough of the issue.

"It is very disappointing that the police force is not making them aware of these issues, which are perennial issues," Prof Wootten told AAP.

A friend of Mr Briscoe's family, Hilary Tyler, said the coronial inquest had been hard on the relatives.

"The emotional intensity and the sadness and despair and frustration that people have been feeling has been so hard," Dr Tyler said.

Among his recommendations, Mr Cavanagh said police should be instructed not to drag prisoners around and to consider obtaining a wheelchair, stretcher or something else to transport those unable to move themselves.

To the NT government, Mr Cavanagh recommended urgent attention be given to providing nurses on a daily basis to watch-houses in Darwin, Alice Springs, Katherine and Tennant Creek.

"I acknowledge the significant efforts taken by the Northern Territory government to address problem drinking, but something more must be done," he said.

NT Chief Minister Terry Mills committed his government to implementing the coroner's recommendations.

"In addition ... I want to ensure there is a genuine change of culture within the police force," Mr Mills said in a statement.

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