Watch FIFA World Cup 2026™

LIVE, FREE and EXCLUSIVE starting June 12 2026

David Dungay inquest: Indigenous death in custody case resumes

The hearing into the death of 26-year-old Indigenous man David Dungay resumes after a six month break.

Leetona Dungay
Leetona Dungay, mother of David Dungay, during the inquest. Source: AAP

The inquest into the death in custody of Indigenous man David Dungay will resume at the NSW Coroner’s Court on Monday, more than six months after the initial hearing began. 

Mr Dungay, 26, died on December 29, 2015, in Sydney's Long Bay Prison Hospital after being forcibly moved to an observation cell, restrained face down and sedated.

David Dungay
David Dungay Source: Supplied

The transfer was ordered after the mentally ill inmate, who had insulin-dependent diabetes, refused to stop eating crackers and became aggressive.

News that makes sense

Your trusted source for staying up-to-date with the world around you. Get free daily news updates and analysis, straight to your inbox.

By subscribing, you agree to SBS’s terms of service and privacy policy including receiving email updates from SBS.

Six officers from the Immediate Action Team were called in to forcibly move Mr Dungay from Cell 71, which did not have video cameras, to Cell 77, which was under video surveillance.

Video played in court during the initial hearing showed Mr Dungay gasping for air and screaming, "I can't breathe" at least 12 times as he is pinned to the ground, handcuffed and escorted to the new cell by the officers. 

Mr Dungay was then injected with a sedative - midazolam - in his buttocks as he is held down.

Leetona Dungay
David Dungay's mother Leetona outside the Downing Centre court in Sydney. (AAP) Source: AAP

When Mr Dungay again said he couldn't breathe, officers responded: "If you can talk you can breathe". 

Moments later he became non-responsive and shortly pronounced dead. 

Mr Dungay was in custody after being convicted of robbery in company with wounding, aggravated attempted sexual intercourse and assault occasioning actual bodily harm.

He was sentenced to a minimum of six years and six months behind bars, with a further term of three years, and would have first been eligible for parole on July 20, 2014.

However, he was not recommended for parole because of his failure to engage in rehabilitation programs.

A two-week coronial inquest into his death began last year at Sydney's Downing Centre, but ran behind schedule. 

The final 10 witnesses are expected to give evidence before Deputy State Coroner Derek Lee this week.

Mr Dungay's family including his mother Leetona are expected to attend the hearing. 


2 min read

Published

Updated


Share this with family and friends


Get SBS News straight to your inbox

Sign up now for daily news from Australia and around the world. You can also subscribe to Insight's weekly newsletter for in-depth features and first-person stories.

By subscribing, you agree to SBS’s terms of service and privacy policy including receiving email updates from SBS.

Follow SBS News

Download our apps

Listen to our podcasts

Get the latest with our News podcasts on your favourite podcast apps.

Watch on SBS

SBS World News

Take a global view with Australia's most comprehensive world news service

Stream now

Watch the latest news videos from Australia and across the world