Stewart Levitt: Trevor King death in custody inquest to spark change

A high-profile lawyer says he believes the coronial inquest into the death of a man while in police custody will become a guide for how people who are mentally ill are treated within the justice system.

A FATHER who died in police custody mustered some of his final breaths begging police saying “let me go”.

The 2018 death on a quiet residential street in Townsville led to a raft of internal changes in the Queensland Ambulance Service and the following coronial inquest will have significant impact, a high-profile lawyer says.

Trevor King, 39, known culturally as Noomba died after he was detained and handcuffed for emergency mental health treatment on February 10, 2018.

Noomba’s family Shainne Matheson and Jason King with Regina Matheson (middle) outside Townsville Court. PICTURE: MATT TAYLOR.

Noomba had a serious heart condition, had sniffed petrol and threatened to suicide before two police officers pulled him to the ground.

Stewart Levitt, who represented the deceased’s family, described the matter as an “eggshell skull” case speaking with the Bulletin after the inquest into the death finished on Thursday. The eggshell skull principle is the theory that the frailty, weakness, or feebleness of a victim does not diminish responsibility.

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“They were dealing with a man who had not taken his heart medication, had taken a toxin on top of that and had a serious heart condition,” Mr Levitt said.

During the inquest a number of witnesses gave evidence that Constable Zachary Schembri and Constable Shane Warren – the police officers who restrained Noomba – had been told that he was under the influence, had not taken his medication and had a serious heart condition.

Constable Schembri accepted this but Constable Warren denied he knew.

Although police detained Noomba, he was not accused of any crime. Rather, the officers restrained him for an emergency examination under the Public Health Act – which allows paramedics or police to detain someone in order to take them to hospital.

During the inquest, both officers justified their use of force saying that Noomba resisted their attempts to detain him.

Mr Levitt said he believed Coroner Terry Ryan’s findings would become a guide for how people who are mentally ill are treated within the system.

He said in this case, he believed the officers did not adequately explain to Noomba why he was detained and that this confusion led to his violent struggle with police.

Twelve witnesses gave evidence during the three-day inquest in which the actions of police and paramedics were put under the spotlight.

Noomba’s younger brother Jason King travelled to Townsville from a remote community in the Northern Territory to attend the proceedings.

Mr King said he hoped the ordeal, which had serious effects on his family, found the truth.

In her closing submissions Kate Greenwood, from the Aboriginal and Torres Strait Islander Legal Service who acted in the case on behalf of the inquest, said she believed the death was entirely “preventable”.

Gracelyn

Ms Greenwood said she did not believe the first responders “set out” to cause Noomba harm, but that the way they handled the situation that lead to his death was a product of their training and policing practices.

Lawyers representing the two officers noted in their final submissions that an internal police investigation found no wrongdoing or criminal offence from police.

While, the lawyer for the paramedics noted the pair were “flying blind” and that while their care fell below the expected standard the circumstances were “ extremely adverse”.

Queensland State Coroner Terry Ryan will hand down his findings later this year.

Originally published as Stewart Levitt: Trevor King death in custody inquest to spark change