Corrections officers to give evidence Wayne Fella Morrison inquest
Corrections officers transporting Wayne Fella Morrison in a prison van when he died will give evidence – as the dead man’s family and friends gathered in protest.
SA News
Don't miss out on the headlines from SA News. Followed categories will be added to My News.
Corrections officers who were in a van with a man before he was pulled out unresponsive must give evidence in a coronial inquiry – but can claim privilege on a question-by-question basis, a coroner has ruled.
It comes as Wayne Fella Morrison’s family staged a call to action seeking a ban on the use of spit hoods in South Australia and across the country.
Mr Morrison,29, died in the Royal Adelaide Hospital three days after he was restrained with handcuffs, ankle flexi-cuffs and a spit hood and placed face down in the rear of a prison van at Yatala Labour Prison in September 2016.
Officers who transported him in the van had sought a preliminary ruling indicating whether topics, including their experience and training in restraint techniques and initial restraint of Mr Morrison, were the subject of a claim of privilege against self-incrimination.
But Deputy State Coroner Jayne Basheer on Thursday ruled the examination of each witness “would proceed in the ordinary way”.
“If the witness wishes to rely on the privilege against self-incrimination or penalty privilege, he may make a specific claim to entitlement to the privilege as a ground for not answering a question or questions,” she said in the ruling.
“The court will then determine whether the asserted risk is a real and appreciable risk and make a ruling.”
“It may become apparent during the proceedings that to persist with an entire cross-examination of a particular issue, with the privilege being repeatedly invoked in response to each question, is futile. That is best determined if the situation arises.”
Lawyers for the van officers foreshadowed seeking a judicial review if a claim for privilege is not found to apply.
The first of the eight officers who were in the van – Trent Hall, Liam Mail, Darren Shillabeer, Martin Crowe, Jean-Guy Townsend, Neale McLeod, Derek Kay and Neil Bradford – will begin giving evidence on Friday.
At the rally, Mr Morrison’s sister, Latoya Rule, said her family had anticipated coming face-to-face with the officers in the van since his death 4.5 years ago.
“We deserve answers to what happened to Wayne in that van,” she said.
“We are here to take action to ensure no other person’s life is stolen in this brutal way.”
During a “call to action” she called for the immediate ban of spit hoods in SA and across the country.
During the rally a van bearing the words “ban spit hoods” arrived containing people dressed as prison officers and wearing spit hoods and badges that read “silent”.
Mr Morrison’s mother Caroline Andersen said it has been “a long road” in the quest to find answers about her kind, considerate and passionate son’s death in custody.
“I am angry at the lack of accountability … every new delay feels like a new splinter. We demand answers.
“It’s such an injustice that our people are still dying in custody, especially following such a brutal event that could have been avoided.
“We are still waiting for answers and for those who contributed to his death to face us … who else can tell me what happened to my son?”
The inquest has previously heard Mr Morrison, a Wiradjuri, Kokatha and Wirangu man, became violent in the holding cells and assaulted several prison officers while waiting to appear via video link to court.
He lost consciousness and when he emerged from the van, he was blue and unresponsive.
The inquest had started in late 2018, and resumed again last week after a lengthy delay caused by a Supreme Court challenge and the COVID pandemic last year.
The officers had sought a review of several directions given by Ms Basheer, who is presiding over the inquest.
Justice Malcolm Blue then handed down a ruling in April 2020, finding Ms Basheer should continue the inquest but with limited powers. He found she could not compel the officers to answer questions.
In response to their bid to refuse answering questions, a bill was passed in parliament in March preventing witnesses refusing to give evidence at coronial inquests on the grounds they would incriminate themselves. Instead, they are to be given a certificate that guarantees their testimony cannot be used in other criminal proceedings.
The bill is yet to come into effect.
In September last year, State Ombudsman Wayne Lines found Corrections failed to identify Mr Morrison as a high-risk prisoner in the days before he suffered the fatal injuries and should apologise to his family.
Corrections chief executive David Brown has sent a letter of apology and is expected to give evidence at the inquest later.
When the inquest resume last week, it heard from corrections officers, including Michael Penn, who said he told a superior to stop uploading incident reports to allow his colleagues to first obtain legal advice.
A Corrections spokeswoman said spit hoods had recently been banned in state prisons. There would be a six-month transitionduring consultation into alternative protective equipment.
The inquest continues.
Originally published as Corrections officers to give evidence Wayne Fella Morrison inquest
‘We’re just normal people’: Woman describes machete break-in terror
A woman who was at home when an armed gang stormed through the back door at 4am has described the frantic scenes that left her partner hurt and two others needing surgery.
Adelaide retail scion bankrupt after failed alleged ‘Ponzi’ scheme
The son of a famous Adelaide retail family has been declared bankrupt, accused of embezzling funds from a real estate agency, and now a liquidator wants to question him in court.