Prison boss Darren Hosking declines to apologise to family of Wayne Fella Morrison in court

A prison boss has declined to apologise to the family of Wayne Fella Morrison, but told an inquest there were “learnings” to gain from his death.

The prison boss responsible for making decisions about what access the family of Wayne Fella Morrison had at the time of his death has declined to apologise, despite an ombudsman’s recommendation.

Then acting general manager of Yatala Labour Prison Darren Hosking told an inquest into Mr Morrison’s death there were “learnings” to take from the September 2016 incident, but the Coroner’s Court was not the right forum to apologise to his family.

Claire O’Connor SC, representing Mr Morrison’s family, asked Mr Hosking if he had ever been called on to apologise to the family.

Mr Hosking said he had not, but was aware of the recommendation from State Ombudsman Wayne Lines that the Department of Corrections should apologise for the decisions he made about the family’s access to Mr Morrison in hospital.

“Are you sorry?” Ms O’Connor asked.

“Well, I think there’s some learnings from this incident,” he said.

The court heard Mr Morrison’s family was not immediately told of the alias given to Mr Morrison when he was transferred unresponsive to hospital. They waited outside for a number of hours before being allowed to visit, two at a time, and were not given medical information because permission had not been granted.

Ms O’Connor pointed out Mr Morrison’s mother, Caroline Andersen, in the court’s public gallery and asked if Mr Hosking had anything to say to her.

“I don’t think that this would be the forum for that,” he said.

He agreed that in a different situation an apology would be “absolutely” appropriate.

Corrections chief executive David Brown – who is expected to give evidence in the inquest next week – has sent a letter of apology to the family, which they previously cautiously accepted.

Wayne Morrison and his sister Latoya Rule in 2016.

Outside court, Mr Morrison’s mother, Caroline Andersen, said an apology from Mr Hosking would have been nice, but she had not expected it would be forthcoming.

“For anyone to be put in to that position with the family there in the same room, to be given that opportunity to say anything, one would think that they would take it but obviously in this case … it’s not taken,” she said.

“It’s an opportunity lost once again.”

She said it was obvious there had been “major failings” from the moment her son was arrested, including the two-minute delay before CPR was commenced after it was discovered her son was not breathing.

Mr Morrison, 29, died in hospital when his life support was turned off, days after he was left in a coma following a confrontation with Corrections officers in September 2016.

Multiple corrections officers were injured in the incident and Mr Morrison – a Wiradjuri, Kokatha and Wirangu man – was restrained by the wrists, ankles, placed in a spit hood and put face down in the back of a prison transport van.

The court heard a photo of Mr Morrison, taken while Mr Morrison was on life support was “removed” from the family.

“Generally speaking, it’s not the sort of thing we would allow,” Mr Hosking said.

“We don’t want photos of someone in hospital with possibly restraints and all that, no.”

Deputy State Coroner Jayne Basheer, who is presiding over the inquest, then asked if it was appropriate for the department to override the wish of the family’s wish for a photo.

Mr Hosking said it was department policy to not allow recording devices.

“A policy is a policy but empathy and sympathy is another matter isn’t it? Why couldn’t they have a photo of a loved one who was deteriorating?” Ms Basheer asked.

“I suppose that’s a good question, it’s just what we’ve always done,” Mr Hosking said.

He said in hindsight the decision may not have been the right one.

The inquest is continuing.