A coroner has called for a NSW prison to immediately stop using isolation cells after a mentally unwell man was placed in one and inadequately treated in 2019.
WARNING: This story contains details that may be distressing to some readers, and images of a person who has died.
NSW Deputy Coroner Elaine Truscott opened the hearing by paying her respects to the Traditional Owners of the land, “which continue to be important today” and acknowledged Elders present in courtroom one of the NSW Coroner’s Court.
Circumstances were avoidable
Gosford Detectives’ Senior Constable Jesse Mears told the court on Monday the circumstances leading to Bailey’s death were “avoidable”.
Mr Mackander died on 5 November 2019 from injuries sustained after he fell 10 metres onto a concrete path at Gosford Hospital, while two prison guards were escorting him back to Kariong Correctional Centre.
CONTENT WARNING: Indigenous death in custody, racism, police violence
The coronial inquest into the death of Bailey Mackander, a 20-year old Wiradjuri man, commenced this Wednesday with NSW Deputy Coroner Elaine Truscott overseeing the inquest. Today, a number of community activist groups gathered at the NSW State Coroners Court to support Mr Mackander’s family as they seek justice for their son.
Mr Mackander was on remand at the Kariong Correctional Centre for drug and driving offences, when concerns for his risk of self-harm and suicide arose after consulting with a psychologist three days prior to his death.
ABC News reported that “during his time on remand … Mr Mackander was ‘desperate to be released’ after being told his case would be adjourned until January 2020.”
MACKANDER: Help… Is the psychologist still here?
GUARD: No, she’s not. She’s gone home.
MACKANDER: Fuck. I cannot do this.
GUARD: Calm down mate and stop buzzing up. You’ll be spoken to a bit later. You just gotta chill out.
MACKANDER: Chief, I’ve got fucking bad chest pains. Can you get the nurse, please?
MACKANDER: I got vomit everywhere. Can you get the nurse for me?
GUARD: No, I suggest you spew in the toilet and clean up the mess.
The court heard Mr Mackander say “I can’t breathe” again, the same tragically infamous words uttered by other Black men who’ve died in custody.
A lead police investigator told the court circumstances around the 20-year-old Wiradjuri man’s death were “avoidable”, citing an unfenced wall, the gaps corrective officers left while escorting him and the medical treatment he received in hospital.