North Queensland Inquest Findings: Robert George Kenneth Malayta drowned in Ross River running from police

The teen had swam in the same river he tragically drowned in just weeks prior to his death the Inquest Findings have revealed. See all the final observations following the extensive review.

North Queensland Inquest Findings: Robert George Kenneth Malayta drowned in Ross River running from police.

‘There were no suspicious circumstances associated with the passing’ was the final conclusion made by the State Coroner following the inquest into a teen’s death after he tragically drowned in a river while running from authorities.

The inquest into Robert George Kenneth Malayta’s death was presented in Townsville Court on October 17 where State Coroner Terry Ryan was tasked with confirming how the 18-year-old died, the cause and whether police resources required a review.

Mr Ryan said in the findings that were published on December 12 that the teen was the passenger of a car driven by his brother that was seen speeding and had been suspected of being involved in property crime on February 24-25 in 2022.

Robert Malayta, 18, drowned in the Ross River on Thursday morning after trying to out run police.

He said police actioned a plan to stop that car that did not involve a high-chase pursuit and when their vehicle stopped they ran out.

“Mr Malayta and his brother then entered the Ross River at the Riverway Precinct to avoid being detained by police,” Mr Ryan said.

“He was unable to swim and ran into difficulty because he was physically exhausted from running and also needed to negotiate the heavily weeded conditions near the edge of the river.

“He drowned at an unknown time, likely within minutes after entering the water.”

Mr Malayta’s older brother who had been with him in the car and also swam across the creek, made it to the other side.

“I nearly died in the river, I was struggling” - Malayta weeks prior

In the Inquest findings, the interview between the brother and police revealed Mr Malayta had yelled “big bro, I can’t breathe” while in the water.

“I was probably about 20 or 30 metres ahead… I couldn’t see him. It was too dark and yeah when I couldn’t hear him, I was screaming out his name.. I just thought he’d got out… I swum up the river… towards the big bridge,” he told police.

Mr Malayta’s mum during an interview with police following her son’s death said he was a “good swimmer” and told authorities that her boys had swum across that river just weeks prior to his drowning but when they returned previously, they expressed it had been difficult.

Water Police, police divers and SES crews searched Ross River on Friday for teen Robert Malayta who jumped into the river and never emerged. His body was found on Friday morning.

“I nearly died in the river, I was struggling… I nearly died, it was too hard,” he had said to her.

The findings touched on the grief endured by Mr Malayta’s family following his death.

“(His mum) told police that the night before the interview she could see Mr Malayta before her, waving and blowing her kisses,” the report said.

At the time authorities found Mr Malayta’s body, his mother thanked police however shared distress regarding news coverage of her son’s death claiming she did not want him to be “portrayed as a criminal”.

During the Inquest an Aboriginal and Torres Strait Island Legal Services lawyer shared concern about the “broad scope” of the District Duty Officer who managed the operation the night of Mr Malayta’s drowning.

‘No suspicious circumstances’ - State Coroner

The Findings stated that while Mr Ryan acknowledged the DDO held a “challenging” role, he did not believe his capacity to respond appropriately was affected.

“I am satisfied that the Queensland Police Service’s actions on (February 24 and 25) were adequate and appropriate,” Mr Ryan said.

“The urgency to flee the scene was not by unjustified police action, which was restrained and appropriate. There were no suspicious circumstances associated with the passing.”

The State Coroner extended his condolences to the Malayta family.

“It is clear that his passing has resulted in enduring grief and trauma.”

Originally published as North Queensland Inquest Findings: Robert George Kenneth Malayta drowned in Ross River running from police