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Cell-death inquest transferred to Perth

Glenn Cordingley and Nicola KalmarBroome Advertiser
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State Coroner Ros Fogliani has adjourned the inquest of an Aboriginal woman found dead in a cell at Broome Police Station more than three years ago.

Ms Fogliani transferred the matter to Perth on April 12 to hear further evidence after hearing from witnesses in Broome Magistrate’s Court from Monday to Wednesday last week.

During the inquest a number of former and serving police officers testified, including the arresting officer Clinton McDonald and shift supervisor Sergeant Troy Kendall who was on duty that afternoon.

Ms Mandijarra, who cannot be named in full for cultural reasons, was arrested for street drinking at Male Oval in the Kimberley town on November 29, 2012.

She was transported in the back of a police van and placed into custody with the intention of being placed on conditional bail once she “slept it off”.

When Senior Constable Dan Coleman went to release her on bail about 4.29am the next day she did not have a pulse.

She was pronounced dead at 4.55am.

The inquest heard Mr McDonald had used his own discretion when arresting Ms Mandijarra, despite other options at his disposal such as issuing a move-on or liquor infringement notice, or taking her to a sobering-up shelter.

Although she wasn’t breathalysed, Mr McDonald said he was “very confident” she was intoxicated by “visual assessment” and the way she was “talking and slurring her words”.

He said he believed the best method of dealing with the matter was letting her sleep it off in a cell, to prevent her from possibly re-offending, and putting her on conditional bail.

Sgt Kendall said he had carried out remote cell-welfare checks using CCTV cameras to monitor cells because he had been “too busy” with other things going on at the station.

Local police policy guidelines on cell-check procedures require police to check on prisoners every 15 minutes in the first two hours and every half-hour thereafter.

The inquest heard there had been no dedicated lock-up keeper on the night of the incident and that staffing and a lack of resources had been an issue.

Broome police officer-in-charge Senior Sergeant Brendon Barwick said he had inherited the old lock-up policy when he arrived at the station in 2013.

Sen. Sgt Barwick said staff were then not able to comply with station lock-up procedures.

“I would say we would probably have been about 80 per cent compliant,” he said.

But he said that had changed with eight new police officers and changes to policy which encourage alternatives to alcohol related offences instead of taking them to the lock-up.

Sen. Sgt Barwick said a designated custody officer had been permanently placed on the roster and an audio alarm that sounds every 10 minutes was now in use.

He said Aboriginal community liaison officers had also been employed to engage with indigenous people in custody and in public places.

Sen. Sgt Barwick said officers were now “99 per cent compliant” with WA Police policy requiring checks for low-risk detainees every 20 minutes for the first hour and every 60 minutes after that and constant cell monitoring for the first 30 minutes and every 10 minutes following for those classed as high risk.

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