Wayne Hunt’s family sues NT Government over his death in custody 4 days after returning to Holtze

Just four days after losing his freedom, a beloved Territory grandfather lost his life. Now his family are suing the NT Government alleging it breached its duty of care to their loved one.

Zizi Averill

@ZiziAverill

2 min read

April 12, 2025 - 12:39PM

On Tuesday Wayne Hunt’s family initiated legal action against the NT Government in the Supreme Court, alleging it failed in its duty of care to a disabled man with known health issues. Picture: Pema Tamang Pakhrin

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A Territory family is suing the NT government after their beloved grandfather with a known history of seizures died in custody, four days after being returned to Holtze prison.

Wayne Hunt’s family initiated legal action against the NT Government in the Supreme Court, alleging it failed in its duty of care to a disabled man with known health issues.

The 56-year-old grandfather died in custody on August 31, 2024.

His death came six months after Mr Hunt pleaded guilty to dangerous driving, accidentally killing 11-year-old Daemarius Purcell-Appo with his ute days before Christmas 2022.

At his trial into the 11 year-old’s death, Mr Hunt wept in the court dock as distressing CCTV footage of the young Queensland boy’s final moments were played. It showed his Dodge Ram ute lurching forward, trapping the 11-year-old for eight seconds before his tiny body slumped to the ground.

The Supreme Court heard that the one-legged man was driving a car not modified for his disability, had low-levels of cannabis in his system and was distracted before he accidentally accelerated forward.

The initial sentencing justice noted that Mr Hunt suffered from “harrowing forms of remorse and guilt” over the boy’s death, and that his mental health conditions and disability would make prison more “onerous” on him.

In February 2024, Mr Hunt was sentenced to three month in prison and a nine-month home detention order, however in September the Court of Appeal ruled that was “manifestly inadequate”.

Wayne Peter Hunt comes out of the Supreme Court trial after allegedly killing 11-year-old Daemarius Purcell-Appo with his ute in a Moulden car park. Picture: Pema Tamang Pakhrin

“The sentence was such as to shock the public conscience, and to engender a sense of injustice in both those associated with the deceased victim and the wider community,” the appeal court ruled.

The Appeal judges did note that there were some concerns about returning Mr Hunt back to prison a second time, as it “would give rise to unfairness and impact adversely on his rehabilitation”.

During the appeal hearings it was noted Hunt suffered a seizure during his previous period of incarceration, but noted “it has not been suggested that conditions in prison contributed to the occurrence”.

The coroner’s office said it was investigating if Mr Hunt suffered a seizure while in Darwin Correctional Centre, during a directions hearing for the upcoming mandatory inquest.

In court documents obtained by the NT News this week, Mr Hunt’s partner Rhonda Phillip said the 56-year-old was in good health when he went into the prison, four days before his death.

Ms Phillips, along with 21 other members of Mr Hunt’s family, have claimed that the NT Government breached its duty of care to their loved one.

It was alleged that Corrections was “negligent by failing to ensure that appropriate monitoring and timely medical treatment and care was provided to the deceased”.

“At all material times, the defendant owed the deceased a duty of care, the scope of which included that while in its custody the deceased was provided with appropriate care, including appropriate monitoring and timely medical treatment and care if required,” the documents said.

“The defendant’s negligence caused or materially contributed to the deceased’s death.”

The civil Supreme Court matter was adjourned off to a later date.