Wayne Fella Morrison’s family demand permanent spit hood ban as vote considers ban five years after his death

He died three days after being covered by a “torture device”. But a vote today could lead to a ban forever in SA.

A permanent ban on the use of spit hoods will be put to a vote in state parliament on Wednesday – almost five years to the day since the death in custody of Wayne Fella Morrison.

Mr Morrison died on September 26, 2016, three days after being restrained with handcuffs, ankle flexi-cuffs and a spit hood, and placed face down in the rear of a prison van at Yatala Labour Prison.

His family are calling for what they call a “torture device” to be permanently banned in all settings including prisons, police custody and mental health centres.

The Statutes Amendment (Spit Hood Prohibition) Bill, otherwise known as Fella’s Bill, was introduced to parliament by SA-Best MP Connie Bonaros in April 2020.

Ms Bonaros will read a statement from the family of Mr Morrison.

His sister Latoya Aroha Rule said her brother’s death – which is the subject of a lengthy coronial inquest that has been plagued by delays – was “entirely preventable”.

The inquest, which began in 2018, will next week hear closing submissions.

Wayne Morrison inquest CCTV shown at the inquest into the death in custody of Wayne Morrison in Adelaide. Inset: Wayne Morrison with Latoya Rule. Pictures: Supplied/Facebook

The inquest has heard evidence that five factors, including the position of his body while wearing the hood, contributed to his death.

Ms Rule said spit hoods continued to be lawful despite human rights and health research recommending against their use.

She said Mr Morrison, a Wiradjuri, Wirangu and Kokatha man, was a loving father, artist and fisherman.

She said her family’s anguish was compounded because he died without the space and freedom he valued. “Fella was fishing every day before his arrest and on the day of his arrest,” she said.

The family have also called for a royal commission into Mr Morrison’s death, which they hope would provide the answers they believe they are unlikely to receive from any inquest findings.

Mr Morrison’s mother, Caroline Andersen, said the last time she heard her son’s voice was “a week before his image became synonymous with these barbaric devices”.

“I welcome this step towards accountability but this isn’t the end for us,” she said.

The family are calling for support for the Bill “so no other person or family has to experience this injustice and heartbreak”.

The Correctional Services Department made a decision to ban spit hoods in April but at the time said a six-month period of transition to alternative equipment was required.