Police rob mother of seeing son’s body, inquest finds
A coroner has made recommendations about how police should deal with indigenous family members after a Bomaderry man died after trying to flee police.
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Police were pursuing 24-year-old Jordan Cruickshank when he fell to the ground and died last year.
What happened after the man’s death has led to the court making formal recommendations to the NSW Police Force.
The NSW Coroners Court shared findings from its investigation into the death of Mr Cruickshank at a hearing on October 10.
Deputy State Coroner Liz Ryan found the cause of death was the presence of the drug methamphetamine and an underlying heart condition.
“The (court) finds no criticism of the police conduct during the operation,” she said. “It did, in the course of it, lead to Jordan’s tragic death.”
The coronial inquest found missteps in events that happened after the death of Mr Cruickshank, a Bomaderry local of Aboriginal descent.
“They failed to let (his mother Debbie Walker) know she could see her son and make her goodbyes to him, and of course that aspect can never be overlooked,” Magistrate Ryan said.
“The court is aware this is a source of injure and grief to Ms Walker and other members of his family.”
The family, who had attended hearings a month earlier, did not attend court on Thursday. Aboriginal legal service officer Arthur Wellington appeared as a representative via video chat from an office in Nowra.
Police had a warrant for Mr Cruickshank’s arrest in the hours before his death on May 5, 2018. After they showed up at a Bomaderry home just before midnight, he jumped out of a bedroom window and ran.
A resident heard another loud thud. Police then found Mr Cruickshank a few blocks over, sitting partially upright on the ground, “grunting and groaning”.
Officers and paramedics performed first aid and emergency treatment. Doctors at Shoalhaven District Memorial Hospital pronounced him dead at 1.02am on May 6.
Detective Inspector Brad Ainsworth said he did not offer Ms Walker the opportunity to see her son’s body after informing her of his death.
“She became upset, ran into the bedroom and shut the door (when I told her),” he said, at hearings held in September.
“I did not offer (the family the chance to view the body) and it was not requested.”
A representative read a statement on behalf of Ms Walker during the inquest. They said she struggles to find closure 18 months after her son’s death.
“Debbie is finding it really hard to accept that the police did not give her the right to say her last goodbyes to her son,” the statement read.
Mr Ainsworth agreed that in hindsight he should have brought it up with Ms Walker, but said she was “too upset” at the time.
Justine Hopper, counsel assisting the coroner, did not excuse the conduct.
“It is not uncommon for a family to be upset and distressed when a loved one dies,” she said.
“That does not justify the police not following guidelines, policies and protocols”.
She said there was also a “lack of cultural awareness” shown by police when breaking the news to an Aboriginal mother that her son had died.
Ms Hopper proposed two recommendations to the NSW Police Commissioner at the finding’s hearing on October 10, 2019. They were supported by representatives of Ms Walker and the NSW Police Force.
IN OTHER NEWS
The first places responsibility on police officers by adding an additional point to the critical incident checklist. Officers will have to tell a next of kin that they have the right to view a deceased’s body.
The second involves teaching officers — through training and material — how to inform people of Aboriginal or Torres Strait Islander descent of this right.
It would also familiarise them with the appropriate local contacts for those notifications, including Aboriginal community Liaison Officers.
“I’m very pleased to hear there’s support for these proposals,” Magistrate Ryan said.
She said she will adopt the recommendations in her formal findings when they are published online tomorrow, October 11.