2 days ago
Family of man who died after being pepper sprayed seeks answers
An image of Caleb Moefa'auo positioned in the witness box.
Photo:
RNZ/Felix Walton
The family of a man who died after he was pepper sprayed at Auckland's Mt Eden Corrections Facility in 2022 are seeking answers at a coronial inquest this week.
The first part of an inquest into the death of 26-year-old Caleb Moefa'auo began on Monday with a prayer led by his grandfather.
"Hopefully this inquest will give us the wisdom and understanding through our discussion and deliberation so at the end of the day, Caleb's passing is used to maybe somehow change the system so it won't happen to the future generations of this country," he said.
Moefa'auo's immediate and extended family filled the public gallery, wearing shirts and badges in his memory.
Caleb Moefa'auo died on 5 April 2022 from a cardiac arrest shortly after he was pepper sprayed by an officer at the Mt Eden Corrections Facility.
He had previously been diagnosed with schizoaffective disorder and was staying at Tiaho Mai, a residential unit to support people with mental health issues, after pleading guilty to aggravated assault and shoplifting in June of 2021.
In December of 2021 he was sent to Mt Eden Corrections Facility after allegedly assaulting a fellow patient at Tiaho Mai, and he was later found to be at risk of self harm and placed in the Intervention and Support Unit.
The lawyer assisting the coroner, Rebekah Jordan, outlined the facts of the case.
"On the morning of the 5th of April 2022, Caleb had a shower.
"Once out he used three towels to dry himself with. After taking a fourth towel, an acting senior corrections officer left the staff base and approached Caleb while holding a can of pepper spray. Caleb was told to pass the towel to one of the other corrections officers, which he did," she said.
"Caleb was then directed to get on his knees, which he started to do before standing back up, when the acting senior corrections officer shouted at him. [The officer] then deployed pepper spray as Caleb backed away."
"Caleb was clearly affected by the pepper spray. A number of officers restrained Caleb on the ground and placed him in handcuffs... While this was happening Caleb repeatedly apologised and made the first of a number of comments that he could not breathe."
Jordan said that Moefa'auo claimed he could not breathe 11 times as officers took him outside to be decontaminated.
He was then taken back to his cell and forced to the floor, where he stopped responding.
The prison officer who sprayed Caleb Moefa'auo was charged with assault but found not guilty by a jury.
The jury was not told that Moefa'auo had died, as the fact was deemed prejudicial.
Moefa'auo's family became emotional as Jordan recounted the events of his death.
Caleb's mother Justine Moefa'auo explained to Coroner McKenzie why the family had sought an inquest.
"To us Caleb was not a criminal, he was unwell and in crisis. From what we've seen and understand, Caleb was not acting aggressively. He was distressed, not violent," she said.
"We have serious concerns about the use of pepper spray on someone experiencing a mental health crisis. It's use in confined spaces, especially on a vulnerable person already in distress carries real risk.
"We hope the coroner may consider whether current policies and training on the use of pepper spray for mentally unwell individuals are adequate to protect their safety and dignity.
"We would like to see better access to appropriate mental health facilities, more training for staff in both health and custodial settings, and a stronger, more responsive system that supports people before they fall through the cracks."
The first phase of the inquest continues this week with a focus on Department of Corrections' policies and training.
It will be followed with a second phase in November with evidence from the officers involved.
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