A family dispute leads to police visit

John Makai, fifty-eight, and his son Terewa argued over a spilt drink in an Uber. Makai struck his son, who punched him back twice in self-defence. Police arrived to find both men bleeding and acrimonious.

Police decide to take Makai to the station

Makai was unsteady on his feet and collapsed into a bookcase while trying to sit down. Police decided he should be transported to Broadmeadows police station because of his alleged role in a family violence incident and his level of intoxication.

His condition worsens during the drive

Police thought an ambulance would meet them at Broadmeadows. But Makai deteriorated during the approximately twenty-minute drive. No ambulance was there when they arrived, and he was unresponsive.

Makai is dragged from the van

Makai was dragged from the back of the van by his feet, his head lolling and striking the wall and door on the way out. He was then carried face down into a cell.

He lies in the cell for five hours

Makai was placed in what was known as the coma position and stayed there without moving for most of the next five hours. Police became concerned and called for an ambulance, which found signs of a brain injury.

Makai dies in hospital

Makai was diagnosed with a non-survival brain injury and died in hospital two days later. A postmortem found he died from a head injury sustained from the assault and possibly the fall.

Police chief acknowledges failures

Chief Commissioner Mike Bush apologised for Makai's treatment. His lawyer told the court that John's care while in custody fell short of the standards required by Victoria police policy and Bush's expectations.

“It is always a tragedy when a person passes away as John did in connection with their time in police custody.”

Specific failures identified at the station

Police failed to conduct an adequate medical assessment at Broadmeadows, including getting a verbal response from Makai to determine his coma scale score. They also failed to conduct a detainee risk assessment or send it to the custodial health service.

Officers failed to check on Makai regularly

Police failed to conduct adequate checks on Makai. At a minimum, he should have been physically checked and roused every thirty minutes while in the cell.

A senior officer admits not helping

When Makai collapsed into the bookcase in Sunbury, the four officers present did not immediately respond. Sergeant Matthew Wilson-Hawe admitted he was frustrated and walked away, later telling the court he was not proud he did not help.

“I'm not proud that I didn't run in and help him.”

Officers dispute how Makai was removed

Constable Taylor Tzouroutis disputed he was dragged at all, saying they did the best they could to safely put him in the cell. First Constable Abdelrahaman Bakri said the physical action was necessary and that Makai kept his dignity.

“He keeps his dignity. I believe it was necessary at the time.”

Inquest continues with more evidence

Paramedics and the sergeant in charge of the Broadmeadows cells are expected to give evidence when the inquest resumes on Monday. The footage central to the case will not be released to the media.