Review Decision Not To Discipline Corrective Service Officers Over Death of David Dungay.
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# Warning this footage shows the image of a First Nations person who is now deceased. The contents of the footage are traumatising to all First Nations people an those who stand with them.
On the 22nd November 2019 NSW deputy coroner Derek Lee on Friday handed down his finding into the 26-year-old's death in custody in December 2015.
Mr Lee rejected a submission from Mr Dungay's family that four Corrective Services NSW officers be referred for disciplinary proceedings.
David Dungay died while being restrained with force by five corrective service officers on 29th December 2015. David, an Aboriginal man was diabetic and was allowed to have biscuits in his cell to manage low sugar. The senior officer did not have the authority to commence the actions against David and the officers involved did not follow proper procedures or protocols for restraining an individual. Not one officer questioned the use of force on a man, who was not fighting restraint, but continued to indicate, in terror, that he could not breathe. The senior officer under questioning was noted to be untruthful, and key information on who initiated the actions was kept from the coronial inquiry as a source of information unkown.
On the day of his death David was eating biscuits when an unnamed corrective service officer decided he had eaten too many. A response was made to David with five officers gathered outside his cell door. He was asked to put his hands through the cell door to be hand cuffed with a one minute time frame. He was putting on his shirt when told time was running out. He said "come in, come in" . The five officers stormed the cell and all five pinned him with such force that he can be heard screaming in terror 'I can't breathe.'
He is held down for over four minutes screaming repeatedly 'I can't breathe'. Each time his cries where dismissed with 'You are talking you can breathe. You brought this on yourself.'
The outrage for David Dungay is not evident even though his death is another in a long line of Black Deaths in Custody. 424 deaths in custody since the Royal Commission into black Deaths in Custody in 1991. None of the recommendations have been realised and no one has ever been convicted or held to account.
Aboriginal Australians do not have a voice strong enough to make Governments accountable for deaths like David Dungay's. Non Aboriginal Australian's need to dismiss the myths that Aboriginals who die in custody invite their death by virtue of being in custody. They must ask how some one like David can be subdued with such force leading to death for simply eating too many biscuits and those involved received impunity. Australia's empathy must arise by thinking of David as if he were our son; grandson, brother; uncle; cousin; father; or friend.
This petition is to request that Correction Service Officers be subjected to disciplinary actions and that an independent inquiry including root cause analysis occur into the circumstance surrounding David Dungay's death. The myth that Aboriginal people are more prone to violence and require greater force to subdue needs to be laid bare. The impact of this unconscious institutionalised racist belief on increasing black deaths in custody must be fully explored.
Rest in Peace David Junior Dungay. We will not rest until you receive justice.
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