Death of David Dungay Jr.

David Dungay Jr was a 26-year-old Aboriginal Australian man who died in New South Wales Corrective Services custody at the Long Bay Correctional Centre on 29 December 2015.

Early life

Dungay was of Dunghutti heritage,[1] and grew up in Kempsey, New South Wales, Australia[2] with his mother, Leetona Dungay, and his siblings.[3] He was diagnosed with Type 1 diabetes[4] when he was six years old.[3] Dungay was a keen rugby league player as a child.[2]

Death in custody
Further information: Aboriginal deaths in custody

In December 2015, Dungay was serving a sentence for assault, aggravated attempted sexual intercourse and party to robbery[3] and was due to be released the following January.[5] On the morning of 29 December, he obtained some biscuits and rice crackers from his belongings and proceeded to start eating them in his cell[1][6][7] when guards ordered him to stop due to his diabetes. After he refused or ignored the orders to stop, several correctional officers entered his cell, restrained him and moved him to another cell so that he could be better observed by a camera. [8] Dungay strenuously resisted the restraints and was injected with the sedative midazolam.[9] Shortly afterwards, while still being restrained, Dungay became unresponsive. Despite immediate administration of CPR by prison officers and health staff, the calling of an ambulance and further efforts to resuscitate him by ambulance paramedics, Dungay did not regain consciousness and was declared dead at 3:42pm.[2][10]

Coronial inquest

The coronial inquest into Dungay's death began on 16 July 2018.[11][1] At the inquest, camera footage showed that he was held down and yelled "I can't breathe" multiple times.[7] The commissioner of corrective services, testifying at the inquest, stated that it was a misconception that a restrained person who can talk must be able to breathe.[12] On 22 November 2019, the coroner found none of the guards involved should face disciplinary action and their conduct "was limited by systemic deficiencies in training".[1][13]

After the findings were announced, Leetona Dungay stated that justice had not been served and their family would seek prosecution of the guards.[13] In June 2021 she said that she intended to lodge a complaint with the UN Human Rights Committee, hoping that it would encourage all levels of government in Australia and other institutions to implement the recommendations of the 1991 Royal Commission into Aboriginal Deaths in Custody. She is being assisted by human rights lawyers Jennifer Robinson and George Newhouse.[4][14][15]

References
  1. "Inquest into the death of David Dungay" (PDF). Coroner's Court of New South Wales. 22 November 2019. Retrieved 28 December 2021.
  2. Fuller, Taylor; Herbert, Miles; Davidson, Helen (11 April 2018). "'If you can talk, you can breathe': the death in custody of David Dungay". The Guardian. ISSN 0261-3077. Retrieved 15 June 2020.
  3. Earl, Carly (13 July 2018). "David Dungay Jr dies in custody, and his family are changed forever – photo essay". The Guardian. ISSN 0261-3077. Retrieved 15 June 2020.
  4. Williams, Carly (10 June 2021). "David Dungay Jr's mother takes fight against Indigenous deaths in custody to United Nations". ABC News. Australian Broadcasting Corporation. Retrieved 2 November 2021.
  5. "The story of David Dungay and an Indigenous death in custody". The Guardian. 11 June 2020. Retrieved 15 June 2020.
  6. Hayman-Reber, Madeline (9 September 2016). "Long Bay rally planned for David Dungay". NITV. Retrieved 2 November 2021.
  7. "Like George Floyd, this man's uncle died saying 'I can't breathe'. His family want Australians to be outraged". ABC News. Australian Broadcasting Corporation. 1 June 2020. Retrieved 15 June 2020.
  8. "Inquest Findings into the Death of David Dungay" (PDF). Coroner's Court of NSW. p. 13. Retrieved 18 January 2022.
  9. "David Dungay coronial inquest to begin after family's long wait for justice". The Guardian. 15 July 2018. Retrieved 15 June 2020.
  10. "Inquest Findings into the Death of David Dungay" (PDF). Coroner's Court of NSW. p. 14. Retrieved 18 January 2022.
  11. Davidson, Helen (15 July 2018). "David Dungay coronial inquest to begin after family's long wait for justice". The Guardian. ISSN 0261-3077. Retrieved 15 June 2020.
  12. Davidson, Helen (16 July 2018). "David Dungay inquest: shocking video shows prison officers restraining inmate before death". The Guardian. ISSN 0261-3077. Retrieved 15 June 2020.
  13. Allam, Lorena (22 November 2019). "David Dungay inquest: guards who restrained Indigenous man before his death won't be disciplined". The Guardian. ISSN 0261-3077. Retrieved 15 June 2020.
  14. Allam, Lorena (10 June 2021). "United Nations asked to look into the death in custody Indigenous man David Dungay". The Guardian. Retrieved 28 December 2021.
  15. "Deaths in custody: Australian mother takes fight to UN". BBC News. 10 June 2021. Retrieved 28 December 2021.
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