The family of an Indigenous man who died in Sydney's Long Bay jail have reacted angrily after a coroner found five prison officers were not motivated by malicious intent.
Family and supporters of David Dungay shouted "You say accident, we say murder" after NSW deputy coroner Derek Lee on Friday handed down his finding into the 26-year-old's death in custody in December 2015.
Among his recommendations, Mr Lee rejected a submission from Mr Dungay's family that four Corrective Services NSW officers - known as officers A, C, E and F - be referred for disciplinary proceedings.
Supporters gather outside the Lidcombe Coroner's Court in Sydney. Source: AAP
However, Mr Lee said the so-called Immediate Action Team which moved Mr Dungay from one cell to another, because the diabetic refused to stop eating biscuits, were let down by systemic deficiencies in their training.
"It has ... been noted that the available evidence does not rise so high as to suggest that the actions of the CSNSW officers in moving David between cells, and in cleaning cell 71, were motivated by malicious intent," Mr Lee said in his findings.
"But rather (it was) a product of their misunderstanding of information that was conveyed at the time."
Mr Dungay died at Long Bay Hospital after being restrained in his cell because he was refusing to hand over a packet of biscuits he was eating.
Footage played during the inquest showed Mr Dungay repeatedly screaming "I can't breathe" to which one officer replied: "You're talking, you can breathe."
He was restrained by five officers and pinned down on the bed and was seen spitting blood as he was taken from the cell.
After being placed in a second cell, he was injected with the sedative midazolam, but died an hour after officers first entered his cell.
Mr Dungay's nephew, Paul Silva, said the family wanted the guards charged.
"The First Nation people get treated inappropriately in everyday living," Mr Silva said outside Lidcombe Coroners Court on Friday.
"We're calling on the DPP to look into this because there's enough evidence there for criminal charges.
"Don't let this Aboriginal death go under the carpet because I guarantee there's going to be more where that came from until someone gets charged for Aboriginal deaths in custody and gets incarcerated."
