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Inquest to investigate police actions, use of lateral vascular neck restraint in Queensland man Steven Nixon-McKellar's death

Steven Nixon-McKellar died after being arrested in Toowoomba in 2021. (Supplied: Raelene Nixon)

A police officer involved in the arrest of an Indigenous Queensland man told his colleague to "choke this c**t out" shortly before he died, a court has heard.

Aboriginal and Torres Strait Islander readers are advised that this article contains images and names of people who have died

Steven Nixon-McKellar died shortly after having pressure applied to his neck while being apprehended by a Senior Constable in a Toowoomba street in October 2021.

The circumstances surrounding the fatal arrest are set to be examined by the state coroner at an inquest to be held in Toowoomba later this year.

During a preliminary hearing in Brisbane on Tuesday, counsel assisting the coroner Julie Pietzner-Hagan told the court the inquiry will look at several issues including the use of chokeholds and a separate method used by police officers known as a lateral vascular neck restraint (LVNR).

"A LVNR is a restraint technique whereby pressure is applied bilaterally to a person's neck, causing compression of the carotid arteries and impeding blood flow to the brain," she said.

"This may cause a person to experience an altered level of consciousness or to pass out.

"When correctly applied [it] does not apply pressure to the throat or the windpipe unlike a chokehold would."

The Queensland Police Service banned the use of LVNRs during ordinary policing duties last month and the manoeuvre can only be used if an officer is at risk of death or grievous bodily harm.

The court heard on the day of his death, two constables went to an address in Wilsonton after an anonymous tip-off about Mr Nixon-McKellar allegedly being in possession of a stolen car.

Steven Nixon-McKellar's family had been campaigning for police to ban the use of lateral vascular neck restraints. (Supplied: Saraeva Mitchell)

When officers arrived, the court heard they tried to arrest Mr Nixon-McKellar and a five-to-10-minute struggle ensued between them, prompting a call for backup.

Ms Pietzner-Hagan told the court that when a senior constable arrived, one of the initial arresting officers instructed him to "choke this c**t out, choke him out".

"The call was made by police to choke him out, yet [the senior constable] applied a LVNR," she said.

The court heard after the LVNR was carried out, Mr Nixon-McKellar stopped resisting and one of the original arresting officers said: "He's asleep, let him go."

Other things exchanged between the three included "watch that pressure" and "he's out, he's out".

The court heard both the officers and paramedics attempted CPR but Mr Nixon-McKellar was declared dead at the scene.

An autopsy could not determine his cause of death but indicated it may have been a combination of physical and psychiatric exertion, the brief pressure applied to his neck, intoxication and other underlying health issues including asthma.

The inquest, which is set to hear from eight witnesses including the officers involved, is expected to run for three days.

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