Rockhampton police death in custody inquest hears Senior Constable Renzo Martinez answers about knee placement

A senior police officer and training instructor has been challenged over suggestions he placed his knee on top of a man’s head or neck during an arrest shortly before the man’s death in custody. Read what he said here.

A senior police officer and training instructor has been challenged on the witness stand over suggestions he placed his knee on top of a man’s head or neck during an arrest shortly before the man’s death in custody.

Senior Constable Renzo Martinez gave evidence on day two of a coronial inquest on Tuesday into the man’s death in police custody on November 8, 2019.

It was the first time the experienced police officer had seen footage appearing to show his knee on the top of the deceased man’s head.

The man, whose identity cannot be revealed by court order, died in the back of a police vehicle after he was arrested outside the Leichhardt Hotel in Rockhampton about 3am - directly across the road from the Rockhampton Police Station.

Body worn footage from police officers involved in the arrest and restraint of the man have been played in court during the inquest and show the man clearly saying “help me” repeatedly, along with “I can’t breath” and “murder” while face down on the ground being restrained.

Leichhardt Hotel on Bolsover Street, Rockhampton.

Four officers who gave evidence on the first day of the inquest were all asked if they saw Senior Constable Martinez place his knee on the man’s head or neck during the struggle on the ground in the carpark between the Leichhardt Hotel and First Choice Liquor on Bolsover Street.

Senior Constable Martinez had been inside the police station when a call for extra help came over the radio.

He gave evidence about his role in restraining the man, placing him in a police vehicle pod and what happened at the watch-house where CPR was administered and the man was declared deceased.

Counsel assisting the coroner, Julie Pietzner-Hagan, confirmed with Senior Constable Martinez that he, an Operational Skills and Tactics instructor with Queensland Police Service, told Ethical Standards Command investigators he was the most senior officer at the incident and took control of the situation.

Queensland Police Service Senior Constable Renzo Martinez leaves day two of the inquest.

Senior Constable Martinez said when he arrived, the man was on the ground, face-down.

He said he asked the other officers what he could do to help and Constable Dale Lally said something about “head control”.

Footage from a body worn camera was played in court which clearly showed Senior Constable Martinez’s knee very quickly being placed near the man’s neck and shoulder.

This view was only visible for a mere second or two before the footage became obscured by other officers wrestling with the man on the ground.

Ms Pietzner-Hagan asked Senior Constable Martinez how he applied pressure to the man.

He said his left knee was placed on the man’s back, in the “meaty” section between the spine and shoulder blade.

“Did you at any point place your knee on (the man’s) neck,” Ms Pietzner-Hagan said.

Senior Constable Martinez replied ‘no’.

“At any stage did you knee slip up towards (his) neck?” Ms Pietzner-Hagan said.

Senior Constable Martinez again said ‘no’.

Senior Constable Martinez explained he placed his knee in a position traditionally used in a three-point hold used by police.

He said a three-point hold usually resulted in an officer on each side of the restrained person with one knee next to the shoulder blade and the other knee around the top of the buttocks region with an officer’s hands controlling the restrained person’s hands behind their back.

He said he was unable to carry out the other two holds of the manoeuvre as Constable Lally was in the way trying to restrain the man.

A QPS vehicle with a pod. Picture: Zizi Averill

Senior Constable Martinez said the three-point hold was used to stop a restrained person from getting up.

Footage from a second body worn camera was played to the court - a video Senior Constable Martinez had not seen before.

The footage was paused on a particular frame where it appeared Senior Constable Martinez’s knee was on top of the man’s head.

Lawyer for the deceased man’s family, Michael Murray, asked Senior Constable Martinez: “After seeing this video, would you agree that your knee was not actually placed on his back, but it was placed on his head?”

Senior Constable Martinez said ‘no’, saying the video was ‘very dark’.

“Do you accept that is (the man’s) head in the bottom left corner though?” Mr Murray said.

Senior Constable Martinez said ‘yes’.

“You don’t accept, after seeing this footage and looking at this particular frame, that your knee was placed onto (the man’s) neck initially during the struggle?” Mr Murray said.

“I believe that you’re creating that from that angle this is presented from,” Senior Constable Martinez said.

The inquest continues on Wednesday.