Inquest into Rockhampton death in custody during transport to watch-house in November 2019

A coroner will examine suggestions an officer placed his knee on a man’s neck or head during an arrest before his death in custody. Here’s what day one of the inquest heard.

Queensland Police Service. Picture: Zizi Averill

A man who died in Queensland Police custody could be heard saying ‘I can’t breathe’ as officers tried to restrain him in an arrest.

A coroner will examine suggestions an officer, who will testify on Tuesday, had placed his knee on the man’s neck or head during the ordeal in Rockhampton in the early hours of November 2019.

Lawyer Michael Murray, who is the solicitor assisting the deceased man’s family, has asked four officers who testified on day one of the inquest the same question.

He asked whether any of them witnessed Senior Constable Renzo Martinez place his knee on the man’s neck or head during a ground struggle opposite the Rockhampton Police Station in Bolsover Street on the day of his death.

The man, aged in his 40s at his time of death, cannot be named at this stage for legal reasons.

The inquest into the death of the man, who was arrested outside Leichhardt Hotel about 3am on November 8, 2019, has seen body worn footage from police officers involved in the arrest and restraint of the man where the man can clearly be heard saying “help me” repeatedly, along with “I can’t breath” and “murder” while face down on the ground being restrained.

He also can clearly be heard saying “you are not real police officers” during the struggle.

At one point, a hand can be seen applying pressure to the back of the man’s upper torso, just below the neck.

The court has heard police were called to the area in relation to a welfare check and stealing of $5000.

Constable Jade Traynor told the court that she checked the police database for information regarding the man and an associate he was with, and once she saw flags for ‘armed and dangerous’ and ‘violent’, she called for backup.

Prosecutor Julie Pietzner-Hagan asked if Constable Traynor recalled seeing the mental health flags on the man’s history, including two Emergency Examination Orders.

Constable Traynor said she did not recall seeing them.

She said when she and her partner, Constable Sarah Ryan, approached the man and associate in the carpark between the Leichhardt Hotel and First Choice liquor, the pair asked the officers to arrange emergency accommodation for them as there was a crocodile in their room at the hotel.

“I didn’t know what he was talking about,” Constable Traynor said.

Ms Pietzner-Hagan asked what Constable Traynor thought of the man’s behaviour at this point and she replied that he was affected by drugs.

The body worn footage showed the officers talking to the man and his associate as the pair were seated at a table and chairs out the front of the Leichhardt Hotel.

Leichhardt Hotel on Bolsover Street, Rockhampton, with the First Choice Liquor carpark to the right.

The court heard after arresting the man, Constable Traynor decided to transport him to the Rockhampton Watchhouse – across the road – by police vehicle for the safety of her and her partner, along with the presence of the associate.

The body worn footage shows the man was compliant with police, getting into the pod without assistance, but once he sits down and realises police officers are about to close the door, he moves forward, putting a foot in the doorway.

Constable Traynor said he had not been handcuffed because he had been compliant.

She said it was “not operationally sound” to walk people to the watch-house, with the QPS Operational Procedures Manual stating officers were to “take the most expedient” way to a watch-house.

The court also heard evidence from multiple officers that there was nothing in the operational manual allowing or disallowing persons to be taken to a watch-house by foot.

The footage played in court showed the man, who appeared to be well over 180cms tall, indicated he wanted to walk across the road to the watch house.

“I don’t feel safe going in this thing,” he told police.

A conversation between the man and officers goes on for about a minute before he stands up on the step of the pod and officers physically and verbally try to get him back in the pod.

Soon, the man can be seen wrestling with officers on the ground.

“It was heightened behaviour,” Senior Constable Dale Lally told the inquest.

“He was significantly larger than us.”

Senior Constable Lally said before the ground struggle, the defendant had kicked or kneed him in the chest which caused him immediate pain and pushed him backwards a little bit.

One of the four officers involved in the struggle called for urgent backup over the radio with at least two officers from the police station coming to their aid – one was Senior Constable Martinez and the other a first year constable tasked to the front counter for the night.

The court heard the first year constable testify she knelt on the defendant’s calves to stop him kicking.

Four of the officers to have testified so far have testified they recall Senior Constable Martinez appearing midway through the struggle – which went for five to seven minutes – but none, when questioned by Mr Murray, recalled seeing him kneel on the defendant’s neck or head.

“In your recorded interview, you’ve (Constable Traynor) gone on to say that Senior Constable Martinez has then arrived while the restraint was ongoing and the words you used were ‘he’s gone directly to (defendant’s) head’,” Mr Murray said to Constable Traynor.

“Did you observe Senior Constable Martinez applying pressure with his knee to (defendant’s) neck or head?”

Constable Traynor said no.

“Were you able to view and see Senior Constable Martinez during the restraint?” Mr Murray asked.

“Not in complete view,” Constable Traynor said.

The court heard the man grabbed at least two officer’s holsters, which contained their guns and or tasers, during the struggle and one can be heard saying “he’s grabbing at stuff” in the body worn footage.

The court heard the group of officers gained control of the man, assisted him to his feet and walked him to the pod.

However, the man dropped to his knees after a few steps.

A Queensland Police Service pod vehicle. Picture: Zizi Averill

The court heard the officers helped him back up again and walked him to the pod.

Ms Pietzner-Hagan said at some point around this part of the incident, an audible bang can be heard on the recordings, followed by people laughing.

Of the officers who have testified so far, some recall hearing the bang but none recall laughter.

The court heard the officers turned the man around so he was sitting on the edge of the pod entrance, then pushed him to the pod.

Body worn footage played in court revealed a male officer saying to the man “pull your feet in mate”.

The male officer again says “pull your feet in” and adds “sit up on the chair”.

One of the four officers at the scene can be heard in the video calling out to the man by his name, followed by a male officer again telling the man to sit up on the chair.

None of the four officers recalled themselves or seeing others check on the man’s welfare once the pod door was shut until the vehicle pulled up outside the watch-house and about to reverse into the watch-house garage.

Body worn footage showed Constable Traynor saying, as they pulled up at the watch-house door: “I don’t know if he is conscious. I’m not going to lie.”

Ms Pietzner-Hagan asked Constable Traynor what made her say that.

She replied because she hadn’t heard anything from the man and couldn’t see him sitting in the chair of the pod.

Constable Traynor said in her experience, people who resisted being in the pod remained vocal and usually got up and sat on the chair.

She said in order to see into the pod from the front passenger seat, she had to undo her seatbelt and climb over the seat into the back.

The court heard the police vehicle was backed into the garage where officers commenced CPR and Queensland Ambulance Service was called.

The inquest continues on Tuesday.