Police admit failures in care of dying man in holding cell

Victoria Police has admitted that the care provided to a dying man in a suburban holding cell fell short of standards, and has apologized for the failures that led to his death.

John Makai, 58, died from a brain injury after spending hours unconscious in a holding cell at Broadmeadows Police Station. An inquest into his death heard that officers and staff from Triple Zero Victoria made mistakes in their handling of the case.

Barrister Andrew Imrie, representing the chief commissioner of police, said that the care offered to Mr Makai "fell short" of standards required under Victoria Police policy. "On behalf of Victoria Police, my client offers his sincere condolences to John's family, friends and loved ones," he told the Coroners Court of Victoria.

Mr Makai had been taken into custody after an out-of-character act of violence, during which he struck another adult son over the head with a mug. Footage from police body-worn cameras showed officers arriving at the scene, and Mr Makai losing his balance and falling backwards, crashing into a wooden bookshelf.

Officers took a groggy Mr Makai to the Broadmeadows Police Station for observation, but he lost consciousness during the ride. On arrival, security cameras captured officers carrying a limp Mr Makai to a holding cell, where he was left on a bed for more than four hours.

Counsel assisting the inquiry Rachel Ellyard told the court that officers believed Mr Makai was drunk, when in fact it was likely he was suffering the effects of a traumatic brain injury. Two staff reported that they had checked on Mr Makai through a cell trap door and reported observing him moving, but footage suggested otherwise.

A sergeant made repeated requests to Triple Zero Victoria for an ambulance to be sent to the station, but was told paramedics were too busy. Later, a Triple Zero Victoria staffer made an "inadvertent error" and cancelled the ambulance to the police station, thinking it was no longer needed.

Eventually, the sergeant rang Triple Zero and made an emergency request for help. "This guy's breathing but we can't raise any verbals from him … we were expecting the ambulance here five hours ago," he said. "I've never known anyone not to stir like this."

An ambulance arrived within minutes and took Mr Makai to hospital, where a CT scan revealed evidence of oxygen deprivation to the brain. Mr Makai was diagnosed with a "non-survivable" injury, and his life support was switched off days later.

Ms Ellyard said there had been a "significant departure" from Victoria Police policy by officers who failed to actively check on Mr Makai. Mr Imrie said disciplinary action had been taken against some employees.

Triple Zero Victoria operations support director Ryan Goon said ambulance cancellation errors were "extremely rare". The staff member who accidentally cancelled the ambulance to the police station received extra training after Mr Makai's death, Mr Goon said. Updated software was also being designed to reduce confusion for dispatchers, he said.