‘Our responsibility’: Police officer says more should have been done to avoid Kowanyama death in custody

An inquest into the death of a Kowanyama man in police custody has heard the arresting officer “wasn’t concerned” the detainee was more than four times over the legal limit because Aboriginal males “handle a higher alcohol content and still function”.

Mr George, whose has asked that his first name not be used for cultural reasons, died in police custody in Kowanyama on November 9, 2022.

An inquest into the death of a Kowanyama man in police custody has heard the arresting officer “wasn’t concerned” the detainee was more than four times over the legal limit because Aboriginal males “handle a higher alcohol content and still function”.

But the officer in charge said police “could have done better” by Mr George, whose family has asked that his first name not be used for cultural reasons, to potentially avoid his death.

Held in Kowanyama and Cairns across three days, the inquest considered the adequacy and appropriateness of training provided to police offers and the risk of suicide among First Nations detainees among other matters.

Family of Mr George (L-R) Francine Gilbert, Jacob Aidan, Gwenette George, Taylilah Zingle and Elwina Bernard comfort each other outside the Cairns Coroner's Court on the final day of the coronial inquest into his death in police custody. Picture: Brendan Radke

The inquest heard Mr George recorded a .203 BAC reading after being arrested for contravening a domestic violence order on November 9, 2022.

Despite the high reading, Constable Matthew Wenberg said he considered Mr George “fit for custody” before detaining him at the Kowanyama watch house a little after 1.15pm.

More than an hour passed before Mr George’s cell was next checked, where Constable Liam Stewart found him “unresponsive” laying partially on his bed.

Both Constables performed CPR before Mr George was transported to the nearby primary health care centre.

At 3.12pm, Senior Sergeant David McCarthy said he was informed that Mr George could not be revived at the clinic.

“I got a phone call from Liam to pronounce life extinct,” Senior Sergeant McCarthy said.

Checking in or closely monitoring CCTV footage in nearby offices had previously prevented detainees from hurting themselves, Senior Sergeant McCarthy said.

“The two officers could’ve conducted a cell check in that one hour (after Mr George was detained),” Senior Sergeant McCarthy said.

“The monitors were working to his cell. Unfortunately the officers missed what Mr George was doing in that cell.

“We intervened in a lot of instances where people have tried to self-harm by watching the screen, seeing something or hearing something. It was our responsibility to make sure Mr George was safe in his cell and as it turned out we know what happened.”

Kowanyama is a remote Indigenous community located 600km north-west of Cairns in western Cape York. Picture: Supplied.

During his deposition, Constable Wenberg said he believed Aboriginal males could function with high BAC readings and that readings beyond 0.2 were common among those he arrested.

“I found that they (Aboriginal males) do operate or converse … much better than, say, most other people that I’ve arrested and put in the watch house that have blown similar (BAC) content readings,” Constable Wenberg said.

“I wouldn’t consider it (0.2) a high reading in most Aboriginal communities. To most people, it appears to be a high reading.

“But we regularly breath test people who come to the watch house with that type of reading on a regular basis.”

The inquest heard an orientation package for new police officers had been prepared which outlined how often detainees in the watch house should be checked based on their behaviour.

Under the guidelines, suicidal or vulnerable detainees should be checked every five minutes while those who are intoxicated but cooperative visited every 30 minutes.

But Constable Wenberg said he had not seen the document prior to Mr George’s death.

Mr. George's sister Gwenette George outside the Cairns Coroner's Court on the final day of the coronial inquest into his death in police custody in November 2022. Picture: Brendan Radke

Outside court, Mr George’s sister, Gwenette George choked back tears describing the emotional and physical toll she had endured during the trial.

“Once you’re in the watch house, it’s their duty of care and they broke that,” Ms George said.

Following Mr George’s death, an alarm system has been installed at the Kowanyama police station to alert police officer to check on detainees.

“I think it’s a fabulous idea … it’s a shame we didn’t have it,” Senior Sergeant McCarthy said.

Originally published as ‘Our responsibility’: Police officer says more should have been done to avoid Kowanyama death in custody