Family Sues Police, Paramedics After Man's Death in Holding Cell

A son has filed a civil lawsuit against Victoria Police, Triple Zero Victoria, and Ambulance Victoria, alleging their negligence caused his father's death after a home altercation and subsequent arrest. The legal action, initiated by Terewa Makai, claims the first responders' actions led to the death of his father, John Makai, who died in a suburban holding cell.

Victoria Police formally apologized in the Coroners Court of Victoria on Monday for John Makai's death. The incident began in the early hours of September 10, 2023, at the family's Sunbury home. According to court documents filed with the Supreme Court of Victoria on September 10, the deceased became aggressive towards his son, Terewa Makai, striking him with a mug and shattering it over his head. Terewa Makai then punched his father twice, causing him to fall to the floor.

During a Triple Zero call, the caller initially requested an ambulance but rescinded the request after others in the background advised hanging up. A dispatcher then created a police job instead. Upon arrival, police requested paramedics, but were informed of delays due to workload pressures. Body-worn camera footage shown at the inquest depicted Mr. Makai as argumentative. He stood up, lost his balance, and hit his head on a bookcase.

Officers arrested Mr. Makai for breaching family violence laws and transported him to the Broadmeadows station, where he was placed in a holding cell. Counsel assisting the coroner noted that by this stage, Mr. Makai had already sustained a brain injury that affected his ability to walk. Video from the police van showed Mr. Makai's head being bumped again as he was removed by his ankles.

Custody officers noted Mr. Makai was snoring, but there were no signs of voluntary movement. The court heard that what appeared to be a "deep drunken sleep" may have been a traumatic brain injury and bleeding. An apparent blunder or confusion led to the ambulance being canceled around 3 a.m. Furthermore, custody officers failed to check on Mr. Makai every 15 minutes as instructed by the custody sergeant.

Cell footage showed Mr. Makai was largely motionless from approximately 2 a.m. to 6 a.m. His critical condition was only discovered by a new watchhouse sergeant after 6 a.m. Paramedics arrived at 6:29 a.m., finding Mr. Makai had a traumatic brain injury. He was taken to the hospital, where his blood alcohol level was recorded at 0.13. He was later found to have suffered unsurvivable trauma and died on September 12, 2023.

Andrew Imrie, barrister for Victoria Police, stated that while the force apologizes, it remains unclear if the shortcomings in care would have altered the tragic outcome. The case is slated for a jury trial in Melbourne unless settled out of court.