Hand-to-hand combat expert tells inquest LVNR used in restraining Steven Lee Nixon-McKellar ‘correct’

The close combat expert and former Commando gave evidence before the death in police custody inquest in Toowoomba.

The Lateral Vascular Neck Restraint (LVNR) applied to Steven Lee Nixon-McKellar moments before he died was done correctly, according to a close combat expert called to the coronial inquest into the 27-year-old’s death.

Former Australian Defence Force commando Paul Cale who served in Afghanistan and has trained Australian and New Zealand military personnel as well as police force officers told the inquest if “used correctly” the LVNR was a less lethal use of force.

Mr Cale said he had viewed police bodyworn footage and reviewed statements from police and medical experts relating to the incident and he considered the use of LVNR in this instance was correctly applied.

Steven Lee Nixon-McKellar.

However, he said he found the actions of the two police officers in the lead up to the LVNR being applied was “flawed”.

“From what I saw of the footage the LVNR was correctly used, its effect was quite rapid and the police response to the individual falling unconscious also was correct in not applying pressure to the body, laying the individual down to resuscitate the individual.

“So what I saw from the footage looked as it was a crack use of the LVNR.”

Mr Nixon-McKellar and another unidentified man were seen by police in a car which reportedly had number plates belonging to another vehicle on a Newtown St on the afternoon of October 7, 2021.

Suspecting the Subaru Forester to be stolen, Constable Smart and Senior Constable Giuliano pulled their police wagon in behind the Subaru.

Saraeva Mitchell leading the procession to the Toowoomba Courthouse ahead of the Coronial Inquest into the death of her nephew Steven Lee Nixon McKellar. September 11, 2023.

Const. Smart told the inquest he signalled to Mr Nixon-McKellar to get out of the car and he or his passenger had nodded.

Const. Smart had then tried to open the driver’s side door but found it locked and so smashed the window with his baton.

It is believed after the passenger ran off and Mr Nixon-McKellar alighted from the vehicle, the 27-year-old had become involved in a scuffle with the officers with Const. Smart holding Mr Nixon-McKellar from behind in a “bear hug” with his baton across the front of his body.

The trio engaged in a scuffle for the next five or so minutes during which time all became exhausted when Senior Constable Tylarr Colman arrived.

When he heard one of the officers yell “choke the c*** out, choke him out”, Snr Const. Colman applied the LVNR.

Mr Nixon McKellar quickly went unconscious and moments later went into cardiac arrest and despite CPR being applied to him, he died soon after.

Mr Cale said in such stressful situations there was limited time to act and the stress could effect “cognitive recall”.

He said at the time police were having a retraining on the manoeuvre once every 12 months but he said that the retraining should not be any more than six months apart.

Mr Cale said in his view the LVNR could have been applied by one of the first two officers which would have stopped the scuffle earlier.

The court heard LVNR was no longer part of Queensland Police Service training.

The inquest before State Coroner Terry Ryan will continue on Wednesday.