Twenty-six-year-old Dunghutti man David Dungay Jnr was weeks from parole in Sydney’s Long Bay Prison when his life was cut short on Tuesday, December 29, 2015.
At the time Corrective Services in a statement said that Mr Dungay died while receiving medical treatment and that police “are not treating Mr Dungay’s death as suspicious”.
However, in a written statement to NITV on Tuesday, the family say his death in the care of Corrective Service NSW was "tragic" and "avoidable".
The family have condemned Corrective Services' version of events saying that “the death of our brother and son, David Dungay (Jnr) was not a natural death - accordingly it is being treated as suspicious and it is the subject of a full investigation.”
“It is shocking to hear Corrective Services NSW say otherwise,” they say.
The ABC reported on December 2015 that Mr Dungay Jnr was being restrained by a number of guards at the time of his death.
The lawyer for the family George Newhouse told NITV that the family are insulted and offended by the response from Corrective Services NSW and would like the commissioner to meet with them.
"The family are extremely concerned and upset about the loss of their son,” he says, “but to have the department rub salt in their wound with their response, is unthinkable and they’re very hurt by it.”
“I think they would like the commissioner to actually meet with them and explain what has happened," he says.
His funeral was held today in Kempsey on the NSW's mid-north coast.
The family's statement goes onto say that they will not rest until the truth surrounding the death of their brother and son is known and those responsible are held account.
“He was not perfect, but we loved him deeply and were so excited about having him back with us,” it reads.
“Our hearts are broken and we are grieving his untimely loss.”
NITV sought comment from Corrective services and they reiterated their initial response.
"The investigation into Mr Dungay’s death is being conducted by the Corrective Services Investigation Unit, which is part of the NSW Police Force. The death, like all deaths in custody, has been referred to the NSW Coroner for a public inquest," the statement continues. CSNSW Assistant Commissioner James Koulouris said, “This is a very sad event. I extend my sympathy to Mr Dungay’s family.”