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.
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.