Corrections Deputy Commissioner David Thompson gives evidence at Bernard Hector inquest

The family of a man who took his own life in a Darwin prison has rejected an apology from the Corrections Deputy Commissioner.

Corrections staff would have had just 11 seconds to save Bernard Hector after he began the process to take his own life while locked in Darwin’s Holtze prison.

But the lawyer representing Mr Hector’s family said the failure to save him went far beyond the seconds it took for him to take his own life on the night of August 30, 2021, or the hours it took for his body to be discovered in the unsupervised cell.

The second day of the coronial inquest assessed the systemic issues across 31-year-old Aboriginal man’s six-week period on remand, including why the man who said he “had sold his soul to the devil” was taken off suicide watch.

Barrister John Lawrence said his family were calling for post “at risk” procedures to be developed in Corrections, create culturally-informed mental health training and for staff to regularly check prisoners’ cells.

NT Corrections Deputy Commissioner David Thompson arrives at the Darwin Local Court for an inquest into the death of Bernard Hector at Holtze Prison in 2021. Picture: Jason Walls

Corrections Deputy Commissioner David Thompson extended his condolences to Mr Hector’s mother and siblings, who were sitting in the front row of the court.

“It would be hard to lose a son under any circumstances, to lose a son while in prison would make it so much more difficult,” he said.

Mr Lawrence said the family rejected his apology.

“My clients feel you have failed and that you didn’t ensure he didn’t become physically isolated, mentally isolated, depressed, sad, suicidal and then take our life,” he said.

Emergency service vehicles arrive at Darwin Correctional Precinct. Picture: Che Chorley

Mr Thompson appeared crestfallen as he described how quickly a death could occur in a prison, recounting evidence from similar suicides in custody.

“I have experienced staff who have managed to enter (the cell), to resuscitate and to bring somebody back to life — but often the consequences are fatal,” Mr Thompson said.

“It’s tragic — and I’m sorry the family are having to hear what is said right now before them — but if people are determined, and they make those choices … we have not had success previously (intervening) as well.

“You get that one moment, and one moment only to respond.”

Counsel assisting the coroner Kelvin Currie said studies had found there was between four to 11 seconds in which a person could intervene with that method of suicide.

NT Barrister John Lawrence said his family were calling for post “at risk” procedures to be developed in Corrections. Picture: Justin Kennedy

Mr Currie said a previous coroner had called for 15-minute checks on prisoners, known as the “death watch” but the court heard on the night of Mr Hector’s suicide there were no such checks on his ward.

Mr Thompson said the overnight staffing levels meant officers only went into wards during an emergency.

He said the 2021 Covid measures taken to protect the vulnerable prison population came at a cost to staffing levels, prison movements and prioritisation.

“The regime suffered,” Mr Thompson said.

But Mr Thompson said from his 40 years of experience with the prison system, there were perpetual staffing issues.

“We would have had a staff shortage in every prison I’ve worked in to be honest,” he said.

He said it took 12 months to recruit a new officer but only two weeks for them to formalise their resignation.

Mr Lawrence said the Royal Commission into Aboriginal Deaths in Custody highlighted the need for culturally informed mental health training so they could spot “troubled, distressed” prisoners.

He said even before Mr Hector arrived at prison he was flagged as at-risk for self harm, telling his Katherine court lawyer: “when I go to prison I’m going to kill myself … tell my mum.”

Other prisoners told the coroner on Tuesday they noticed his bizarre behaviour consulting a home-made ouija board and claiming to have sold his soul to the devil.

Despite warning signs picked up by the courts, health system and fellow prisoners, Mr Hector was later taken off the list of prisoners posing a self-harm risk.

Territory Coroner Elisabeth Armitage will continue to hear evidence in the Bernard Hector inquest until Friday. Picture: Glenn Campbell

Mr Lawrence said his “guardians and jailers” did not spot the worrying behaviour.

Mr Thompson said if those concerns were raised “we wouldn’t be here”.

“There were no signs, no concerns,” he said.

“We can’t respond if we’re not aware.”

Mr Lawrence also questioned the Corrections deputy Commissioner if Mr Hector’s access to family visits, recreation, education or rehabilitative activities were impacted by staffing and Covid restrictions.

Mr Thompson also said under normal operating procedures remand prisoners were all put in together in Sector 5, regardless of potential high or low security classification.

However, due to high prison populations, he said remand prisoners like Mr Hector were moved into “appropriate” wings.

Mr Thompson said Corrections was prepared to learn from Mr Hector’s death, and was open to recommendations to fix “grave issues” within the prison.

The inquest continues before Coroner Elisabeth Armitage until Friday.