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Inquest to be held into Brunswick man’s death

The man died four days after being arrested in Sydney Road

Signage outside the Coroners Court of Victoria
All deaths in custody require a mandatory coronial inquest. Photo: AAP Image/James Ross

Mark Phillips

THE Victorian Coroner will begin an inquest in July into the death of a Brunswick man following his arrest in Sydney Road earlier this month.

A directions hearing will be held on July 8 to set the parameters of the Coronial investigation into the death in hospital of the 43-year-old man four days after his arrest.

The man died on June 10. He had been taken to hospital by ambulance in an unresponsive condition after the June 6 encounter with police during which he was sprayed with capsicum spray.

The Homicide Squad immediately began an investigation with oversight by Victoria Police Professional Standards Command. Police say this is standard practice when someone dies after being taken into police custody. 

Under the Coroners Act 2008, all deaths in custody also require a mandatory inquest.

Coroner Audrey Jamieson has appealed for mobile phone or dashcam footage to assist the coronial investigation.

Body worn camera footage from one of the police members shows a large number of vehicles driving through the intersection and a large number of pedestrian bystanders during the incident at the intersection of Sydney Road and Albert Street, which began around 9.30pm on Friday, June 6.

Police have confirmed the use of capsicum spray on the man following an eyewitness account that contained new details of the incident. 

The witness, who Brunswick Voice has chosen not to name, claimed the man was restrained with a knee on his neck and sprayed twice by police before being put into an ambulance and taken to hospital. 

Police say they were called to the scene to assist paramedics and subsequently arrested the man who was placed in an ambulance but became unresponsive on his way to hospital.  

A statement released by the Coroners Court on Tuesday said police, ambulance and firefighters were all on the scene following reports of “an erratic male” who was running into oncoming traffic and associated events.

Ambulance Victoria said officers responded to calls to an incident about 9.10pm.

Police did not publicly disclose that the man had been physically restrained nor that capsicum spray was used during the arrest. 

The witness said the man was “extremely unwell and in urgent need of medical assistance” and became confused and distressed when police arrived with flashing lights and sirens.

They said their partner had been sitting calmly with the man until police arrived, which was when he stumbled into Sydney Road “out of confusion and fear”. 

The witness claimed paramedics initially did not provide any assistance apart from offering the man a foil blanket which he threw away. There are unconfirmed reports it was swept into power lines, and may have been the cause of a minor localised blackout at the same time.

Firefighters responded after callers to Triple Zero reported the sound of an explosion, followed by a loss of power to the area about 9.39pm. They arrived on scene within four minutes to find the local street and traffic lights in blackout.

The incident was immediately deemed under control but firefighters remained on scene to ensure the area was safe at the same time as police, ambulance and workers from Citipower were there.

“The police tackled him on Sydney Road, pinned him down with a knee on the neck and face on the road and then maced [sprayed with capsicum spray] him twice,” the witness said.

“Once the police officers and firefighters got off him, he was not moving and at that point, unresponsive, which is when the paramedics decide to step in and actually do something in the situation.” 

The witness claimed they also saw paramedics administering CPR to the man in the ambulance before it was driven away. 

Brunswick Voice is not suggesting that the man’s death was the result of police misconduct or wrongdoing. 

Police have declined to comment on most of the witness’s claims. 

“We can confirm that OC spray was deployed during the incident,” a spokesperson said.  

“As the matter is subject to current investigation, we’re not able to go into any further detail at this time.” 

Oleoresin capsicum spray (OC spray) is considered a non-lethal weapon and is standard issue to frontline police officers. 

It commonly causes burning, pain, and tears when it comes into contact with a person’s eyes and can have other temporary health effects including coughing, wheezing and trouble breathing, chest pain, vomiting and gagging, dizziness and in some cases loss of consciousness. 

While painful, these symptoms usually subside within 30 minutes and do not usually require medical treatment. 

There are also documented cases where capsicum spray can cause respiratory failure, which can be fatal, particularly for people with pre-existing conditions such as asthma. 

Police deployment of capsicum spray is governed by strict internal policies and its use must be reasonable and proportionate to their objective. 

Anna Nguyen of the Police Accountability Project said an investigation last year by the Independent Broad-based Anti-corruption Commission had identified a number of concerns about police use of capsicum spray. 

“IBAC’s report into use of OC Spray found that Victoria Police consistently mischaracterised OC Spray as low-level type force,” she said. 

“When incidents of OC Spray misuse have been investigated by police, IBAC found issues with every single investigation. Sixty percent of the investigations did not meet the accepted standard.  

“There also appears to be a cultural misunderstanding about the seriousness of OC spray within Victoria Police.” 

Anyone with dashcam or mobile phone footage of the incident is asked to contact Crime Stoppers on 1800 333 000.

The author of this article is employed by Inner Melbourne Community Legal, which auspices the Police Accountability Project. 

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