Sister’s victim impact statement at death in custody inquest

The sister of a man, who died “unable to breathe, alone and afraid” in the back of a police car, has confronted a top Queensland cop over audio of officers “laughing” in her brother’s final moments.

*Distressing content

The sister of a man who died in the back of a police car has delivered an emotional victim impact statement to an inquest into his death, even confronting a senior officer on her way out of the courtroom.

It comes after the sounds of police officers laughing in the moments after the semiconscious, overweight man was placed into a police ‘pod’ was played in court.

The man, who cannot be named for legal reasons and will be referred to in this publication’s articles as Adam, died while in police custody in November 2019 after being arrested outside the Leichhardt Hotel and transported by the car to the watch-house across the road.

As the court heard audio, captured in body-warn footage, of Adam saying “I can’t breathe” repeatedly, “murder” and “you are real cops”, tears flowed from the sister’s eyes as she frantically tapped her fingers.

Afterwards, she went up to one of Central Queensland’s high ranking police officers, Inspector Mark Burgess, and told him of the pain she had felt hearing officers' laugh.

Inspector Burgess was not involved in the incident with Adam, but had sat through the inquest which involved officers from his station.

Inspector Mark Burgess from Rockhampton Police.

Earlier, she bravely overcame those emotions to take the stand and read out her impact statement, speaking on behalf of Adam’s family.

“He is so much more than ‘the deceased’; than just the subject of this inquest,” she said.

“(Adam) was an athlete, a comedian, a dad, a mate, a son, an uncle and – yes – a brother.

“He was a hard worker and a world traveller.

“He was and is deeply loved, and desperately missed.

“We had a close, strong relationship that carried throughout our lives.

“Our last words to each other were “love you” and “love you too”.

“Of course, I couldn’t have known that these would be the last words I would have with my beloved brother, but the memory of our everyday, loving, final exchange gives me some small comfort.”

The sister went on to say her brother, who worked in the fly-in fly-out industry, had worked and travelled to some of the most challenging and beautiful parts of the world, building a network of friends spanning the globe.

She said to Adam, who hailed from the Maranoa region of Queensland, family was everything and while he loved the FIFO lifestyle, he also lived with “the nagging sadness” each time it came for him to say goodbye and go to work.

“There was nothing he loved more than sitting with family and friends, sharing stories, jokes and listening to music.

“(Adam) was a huge support, both emotionally and physically, in caring for our mother whom we lost last year.

“Since (Adam’s) death, I struggle to embrace and enjoy life with the same passion and drive as before.

“There is always something, someone, missing.

“There is always a hole in my heart.

“Unless you have buried a sibling, someone that you have loved dearly, under the same circumstances as I lost my adored brother, you will not understand. Not really.

“You won’t truly realise how hard Christmases, birthdays, days of celebration, his death anniversary, or indeed any day is without him in it.

“Over the past three days, we have watched footage from the night my brother died.

“I will find a way to live with his death; to absorb his absence and move forward with him held safe in my heart.

“But what haunts me, what I struggle to live with, is how he died: unable to breath, alone, afraid, in darkness.

“I cannot find meaning in his death, so I am asking you to please assign something worthwhile from this awful loss … better checks and balances, better processes, better training.

“Let (Adam’s) death mean something, so that no other family has to go down this heartbreaking, lonely path.

“(Adam) was my brother, and to this day, it is excruciating to say that in the past tense.

“To the world, he was just one; but to us, he was – and is – the world.”

Originally published as Sister’s victim impact statement at death in custody inquest