Death in custody inquest abandoned at last minute after NT government bungles response

The grieving family of an Aboriginal man who died while on remand in Holtze Prison will have to keep waiting for answers after the government bungled its response to a planned inquest.

THE grieving family of an Aboriginal man who took his own life while on remand in Holtze Prison last year will have to keep waiting for answers after the NT government bungled its response to a planned inquest.

The three day inquest was abandoned shortly after it was due to begin before Coroner Elisabeth Armitage on Tuesday, after counsel assisting, Kris Norrington, said institutional responses were only provided as late as Monday.

“The late filing of such documents obviously puts immense pressure on parties,” he said.

Speaking outside court after the inquest was adjourned, the family’s barrister, John Lawrence SC, said the late filing of the documents was “just ridiculous” and made the delay in proceedings inevitable.

“The family had no idea what the institution of Corrections was saying about what they did, the family had no idea about what the Health Department said happened until days before the (inquest),” he said.

“You don’t have ambush in due process, due process excludes ambush, and this was tantamount to that because I was disadvantaged forensically in trying to represent them.”

Mr Lawrence said the issues to be canvassed at the inquest when it finally made it back to court would include why 31-year-old Bernard Hector had been placed at risk before that assessment was lifted and he was put in a cell on his own with access to a hanging point.

“He was in sector six, which I think is the only sector that doesn’t have cell checks, so he was in a sector that was just shut down at 6 o’clock at night and reopened at 7am the next morning,” he said.

“More than 12 hours where no prison officer goes near any of the prisoners, no checks direct on their health.

Barrister John Lawrence SC.

“There is going to be evidence that he was showing behaviours and saying things that were concerning, to put it mildly, namely, to one prisoner he said he was going to commit suicide.”

Lawyers for both government departments apologised to the court for the delays, saying the responses were “hampered by some periods of annual leave and illness at the department” and “further issues” had come to light.

In adjourning the hearing, Coroner Elisabeth Armitage said it was “unlikely” a new date would be found before next year and it was “very unfortunate to receive such significant volumes of material so very late in the process”.

“It is difficult to understand why that would be the case given that this is a mandatory inquest, so preparation for an inquest should commence, really, upon a death in those circumstances,” she said.

Mr Hector’s family said while they were disappointed at the delay, they would “continue fighting” for answers.

“The government didn't give us more statements, that’s why the thing is delayed but we need to know more what really happened to him,” his aunty Amy Johnson said.

“When they get locked up, do they go around knocking on the door? Have they got cameras to watch people? I don’t know why he was there on his own.”

Mr Lawrence said Mr Hector’s death was the third in similar circumstances since Holtze Prison opened in 2014, each the subject of its own inquest, and he held little hope it would be the last.

“Everything, I understand at the moment, is deteriorating so far as the conditions of prisoners in jail are concerned, lockdowns, staff shortages, the conditions in there are extremely inhumane,” he said.

“Prisoners are being kept in either individual cells or share cells for hours and hours at a time and it’s getting worse, so in my opinion it’s at breaking point.”

The NT News has received permission from the family to name Mr Hector.

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Originally published as Death in custody inquest abandoned at last minute after NT government bungles response