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Police officer tells Rockhampton death-in-custody inquest his knee was not on arrested man's neck

A man who died in Queensland Police custody was heard saying "I can't breathe" while an officer's knee was allegedly on his neck, a Coroner's Court has heard.

The man, who cannot be named for legal reasons, died in Rockhampton in central Queensland in the early hours of November 8, 2019.

The court heard at about 3:00am the man was arrested by police after it was believed he was affected by drugs while outside the Leichhardt Hotel.

Footage captured by body-worn cameras and played to the court showed the man walking with police to a police van with a prisoner pod attached.

As he starts to enter the pod he is heard saying that he does not "feel safe going in this thing".

An altercation ensued with the officers at the scene as the man lashed out and kicked police, leading police to call for assistance.

Senior Constable Renzo Martinez was one of the officers to respond to that call.

"When I pulled into the driveway of the carpark of the Leichhardt Hotel, all the officers were already on the ground," he told the court.

"From memory, I remember asking, 'What can I do to help?' … I remember [hearing]: 'Head control.'"

Senior Constable Martinez told the court he placed his knee just below the man's neck on a "meaty part" of his back.

'I can't breathe'

Body-worn camera footage shows the man screaming, saying phrases such as, "Help me", and, "I can't breathe".

Police are heard telling the man, who is struggling against the group of several officers holding him down, to "stop resisting".

After playing another body-worn video from a different angle, lawyer Michael Murray, acting for the man's family, asked Senior Constable Martinez if he accepted that his knee was "placed directly on [the man's] neck".

"It's near his neck, but it's on the meaty part of his back," Senior Constable Martinez responded.

He told the court he "could not recall" if his knee might have slipped because his "concentration was elsewhere".

When asked whether the phrase, "I can't breathe" should be an indication of medical concern, Senior Constable Martinez said, "Not necessarily".

"It's not uncommon nowadays for persons to say that phrase," he said.

"It's not to dismiss that — the legitimacy of that.

"It's uncomfortable for someone to be on their stomach with hands behind their back and several officers on top of them."

Man placed inside pod

The man was eventually secured by police and stood up to be walked back to the police vehicle.

Senior Constable Martinez said he collapsed on the way but managed to get up again.

When asked if the man was conscious when placed into the prisoner pod, he said, "As far as I'm aware".

Senior Constable Martinez told the court it was about four minutes from when the pod doors closed to when they were opened again at the Rockhampton Police Station watchhouse.

"He was in the same position on his right-hand side that I had placed him," Senior Constable Martinez said.

"I remember talking to him, I believe, telling him 'We are at the watchhouse' and to get out.

"Then there was no response from him.

"I certainly didn't have any idea that he was in fact unconscious and not showing any signs of life. I was completely unprepared for that."

Senior Constable Martinez tried to wake the man and then began CPR with other officers and paramedics, but he could not be revived.

What the coroner is examining

The inquest is examining the circumstances surrounding the man's death including the impacts of the force used by police.

The coroner is also examining whether the officers should have recognised the man was in a deteriorating condition, and if they complied with Queensland Police Service policies and procedures.

The coroner will also examine any preventative recommendations that could be made to reduce the likelihood of similar deaths.

The inquest will continue on Wednesday with the man's family expected to read an impact statement.

Other police officers involved in the incident gave evidence earlier this week.

Officer makes changes

Senior Constable Martinez told the inquest that since the incident he felt "extremely uncomfortable" and had not transported anyone in a pod who was lying on their side.

He said he now "paid more attention" and, "asked more questions of the offender or person in custody".

"[I ask] if they are alright — those sort of things … to gauge how they're feeling after a violent struggle, and violent arrest," Senior Constable Martinez said.

The inquest heard there had not been any disciplinary proceedings against any police officer because of the incident.

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