Andrew David Berry: Inquest begins into death of Ferntree Gully man
A coronial inquest will examine the death of a Ferntree Gully man who died in hospital after being found limp, with his lips purple, after he arrived in a divisional van at Boronia police station.
A coronial inquest has begun into the death of a Ferntree Gully man, who died in hospital after being found unresponsive in the back of a divisional van when it arrived at Boronia police station.
The inquest into the death of Andrew David Berry, 41, began at the Coroners Court of Victoria before Coroner Paul Lawrie on Monday.
Expected to run for five days, the inquest aims to establish the facts and circumstances surrounding Berry’s death on a hot summer’s day in 2020.
The court heard Berry died at Maroondah Hospital on January 14, 2020, after being arrested and taken into custody by police earlier that afternoon.
The court heard Berry was 27 when he started using methylamphetamine, which had a detrimental impact on his mental health and brought him to the attention of police.
On the morning of January 14, shortly after 11.30am, he met up with a friend at an apartment on Flinders St who recalled he was sweaty and jittery, as though he was under the influence or coming from down methylamphetamine.
Berry then entered a podiatry clinic on Boronia Rd Wantirna about 1.50pm holding a wooden stick.
He did not respond when a receptionist asked if she could help him before the clinic owner ushered him outside and the receptionist phoned triple-0.
Berry’s lips were said to be blue and he was chewing something, with the clinic’s owner believing he was on drugs or mentally unwell.
Berry then picked up a pot plant and smashed it on the ground, then threw the fake fern over the fence of a neighbouring property.
He then crossed Boronia Rd and climbed over a large green fence into a property.
Two children inside the home were told to go next door as police attended and arrested Berry, using OC spray after he resisted arrest.
He was handcuffed behind his back while lying on his front and moved into the recovery position.
According to officers present and a neighbour, Berry continued to resist arrest and struggle against police.
As police were moving him to the front of the property he and the police members holding him tripped and fell into a rose garden, where Berry suffered small scratches to his head but otherwise appeared unhurt.
Police then carried him to grass near a tap and his face, eyes and mouth were hosed down.
Members did not observe the OC spray to have much effect on his eyes or breathing.
Berry reportedly continued to fight members and resist restraint saying words like “I’m taking on the boys in blue” or “The boys in blue are out to get me.”
Members then carried Berry to the back of a divisional van where an officer directed their colleague to keep an eye on him via a CCTV monitor as they drove him to Boronia station.
At the intersection of Amesbury Ave and Boronia roads one of the officers questioned if Berry was OK as he did not appear to be moving, but the other officer said they could hear him breathing quite well.
But about 1km from the station both officers agreed he had deteriorated and performed “urgent duty driving” for the rest of the trip.
Berry was limp and unresponsive when he was removed from the van at Boronia station, with his lips purple, and an ambulance was urgently called.
Paramedics found him unconscious with his skin hot to touch. A MICA (Mobile Intensive Care Ambulance) unit was then called.
Berry’s temperature was recorded as 43 degrees. The MICA paramedics struggled to ventilate him and he went into cardiac arrest. CPR was started and a paramedic was able to open his mouth. A blue foreign body described as like stringy toothpaste material was found to be obstructing his airway.
His airway was cleared and his pulse returned before Berry was taken to Maroondah Hospital, but he died later that afternoon.
A post mortem examination revealed bruises and abrasions to his head, chest and lungs but no evidence of head trauma or restraint associated asphyxia, brain trauma or injuries to his neck.
A “very high level” of methamphetamine was found in his blood.
A doctor found a number of factors appeared to have contributed to Berry’s death including the amount of drugs in his system, his high temperature, rapid heart rate, over heating, high blood pressure, and agitation, all of which can lead to cardiac arrest.
The coroner’s purpose will be to find the facts of what happened and to explore what can be learned to avoid such deaths occurring in the future.
The inquest will examine the use of force used to arrest Berry and his aftercare following the use of OC spray by police.
The coroner will also examine the circumstances surrounding the transport of Berry from the scene of his arrest to Boronia police station, and the use of body worn cameras by police.
