A son who traded blows with his drunken father in a violent home brawl is now taking Victoria Police, Triple Zero Victoria and Ambulance Victoria to court.
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who → trade → court
On Monday, Victoria Police apologised in the Coroners Court of Victoria for the death of John Makai, who died after lying unconscious for hours in a suburban holding cell.
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who → apologise → cell
Daily Mail can reveal Mr Makai's son Terewa Makai has now launched civil action against all three emergency service providers he claims caused his father's death.
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he → reveal → death
In paperwork filed with the Supreme Court of Victoria on September 10, the son claims the negligence of the first responders caused him injury, loss and damage.
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negligence → file → injury
The case is set for a jury trial in Melbourne unless it is settled out of court.
Mr Makai's son claims the tragic series of events began in the early hours of September 10, 2023 at the family's Sunbury home, in Melbourne's outer north-west.
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series → set → west
The Supreme Court writ, filed by Brave Legal, claimed Mr Makai became 'aggressive towards the Plaintiff [Terewa Makai]'.
'At the home, the deceased attacked the Plaintiff and shattered a mug on the Plaintiff's head,' the documents obtained from the court state.
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documents → file → court
Victoria Police apologised in the Coroners Court of Victoria on Monday for the death of John Makai, who died after lying unconscious for hours in a suburban holding cell
The ongoing inquest into the death heard both men had been drinking when Terewa punched his father twice after he was struck with the mug, forcing him to the floor.
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he → apologise → floor
In a recording of a Triple Zero phone call played at the inquest, the caller asked for an ambulance before changing his mind when others in the background told him to hang up, The Age reported.
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Age → play → him
A dispatcher then created a police job instead.
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dispatcher → create → job
Counsel assisting the coroner, Rachel Ellyard, told the inquest that upon arrival police requested paramedics attend, but they were told there would be delays because of 'workload pressures'.
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they → assist → pressures
The father was described as 'argumentative' in the body-worn camera footage shown to the inquest.
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father → describe → inquest
The clip showed him standing up, losing his balance and falling back into a bookcase, where he hit his head.
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he → show → head
Officers arrested Mr Makai for breaching family violence laws and took him to Broadmeadows station where he was locked in a holding cell.
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he → arrest → cell
John Makai was described as 'argumentative' in the body-worn camera footage shown to the inquest
By that stage, Mr Makai had already developed a brain injury that was impeding his ability to walk, Ms Ellyard said.
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Ellyard → describe → ability
Video from inside the police van, played at the inquest, showed Mr Makai's head was bumped again as he was dragged out by the ankles on arrival at the police station.
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he → play → station
Custody officers reported Mr Makai was snoring, but Ms Ellyard told the court there were no signs of voluntary movement.
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Ellyard → report → movement
'What was perceived as a deep drunken sleep may have actually been a traumatic injury and bleeding into the brain,' she said.
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she → perceive → brain
The inquest heard that when police attempted to check on the ambulance, an apparent blunder or confusion led to the ambulance being cancelled about 3am.
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ambulance → hear → ambulance
The inquest heard custody officers also failed to check on Mr Makai every 15 minutes as requested by the custody sergeant.
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officers → hear → sergeant
Ms Ellyard said cell footage showed Mr Makai remained almost completely motionless from about 2am to 6am.
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Makai → say → am
His fatal condition was only noticed when a new watchhouse sergeant arrived after 6am, but he could not be saved.
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he → notice → am
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Mail → launch → podcast
Paramedics arrived at 6.29am and discovered Mr Makai had a traumatic brain injury.
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Makai → arrive → injury
He was taken to hospital, where he recorded a blood alcohol level of 0.13 and was later found to have suffered unsurvivable trauma.
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he → take → trauma
He died on September 12, 2023.
Victoria Police barrister Andrew Imrie issued an apology to Mr Makai's family on Monday, but said it was 'unclear' if anything could have saved his life.
'
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anything → die → life
It's a situation which we work tirelessly to avoid,' Mr Imrie said.
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Imrie → work → which
'In this case, however, my client acknowledges at the outset of this inquest that the standards of care in custody fell short of expected standards.
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standards → acknowledge → standards
'As the evidence currently stands, it's unclear whether these shortcomings would have made a difference to the tragedy in this case ... but [the chief commissioner] apologises.'
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commissioner → stand → case
Guards discover body of inmate, 40, who died in a Melbourne prison
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who → discover → prison