Guard Trent Hall invokes legal privilege when asked questions at inquest into death of Wayne Fella Morrison

A guard who was inside a prison van before a prisoner was pulled out unresponsive has refused to answer questions at an inquest into the man’s death.

A prison guard who was inside a van with a man before he was pulled out unresponsive has repeatedly refused to answer questions at an inquest into the man’s death.

Trent Hall, who had been an acting supervisor, is one of eight officers who were in the vehicle and have been ordered to give evidence at an inquest into the 2016 death of prisoner Wayne Fella Morrison.

But, when asked questions relating to what happened in the van, Mr Hall invoked legal privilege to avoid self-incrimination. His lawyer, Michael Abbott QC, also objected to several questions.

More than 15 questions were asked - but not answered - before Deputy Coroner Jayne Basheer declared the questioning was “futile” and the inquest progressed.

Mr Hall continued to refuse to answer questions, but Ms Basheer required him to respond when he was asked about a “code yellow” that was called after Mr Morrison was removed from the van.

A guard has refused to answer questions at an inquest into the death of Wayne Fella Morrison, right, picture with his sister Latoya Rule. Picture: Supplied

Flowers were placed outside the Supreme Court, where an inquest into the death of Wayne Fella Morrison was taking place. Picture: Kathryn Bermingham

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 van at Yatala Labour Prison.

Claire O’Connor SC, counsel for Mr Morrison’s family, argued Mr Hall should not have been allowed to claim privilege each time because a “real and appreciable” risk of incrimination had not been established.

Mr Abbott disagreed his client should have to answer the questions, telling the court the circumstances “speak for themselves”.

Outside court, Mr Morrison’s sister, Latoya Rule, said it was distressing that the officer was not required to answer key questions.

“We’ve been wanting these answers for five years, and it’s just further distress, further trauma,” she said.

She said she is hopeful her family’s experience will lead to systemic change.

“I don’t have hope in the system, but I have hope in the coroner, and I hope that she’ll rule in favour of our family,” Ms Rule said.

“I think she is considering us and the toll this is taking on us, and I hope she will embrace our recommendations.”

The inquest 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 court 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 continues.

Originally published as Guard Trent Hall invokes legal privilege when asked questions at inquest into death of Wayne Fella Morrison