A guard involved in the restraint and transport of Wayne Fella Morrison has told the coroner he left the prison and travelled to Port Augusta on a “pre-planned” trip to a football match despite an ongoing police investigation into the incident.
The court heard evidence from corrections officers Liam Mail and Darren Shillabeer about their role in the events leading up to Morrison’s death at the Royal Adelaide hospital on 26 September 2016.
Both officers were present in the back of a prison transport van with Morrison during a 125-second trip to Yatala Labour Prison’s high-security G-Division.
After reversing into the port, Morrison – who had been restrained by his ankles and wrists, placed in a spit hood and made to lay face down in the back of the van – was removed by guards but found to be non-responsive.
No CCTV footage exists showing what took place in the van.
Over the course of proceedings both guards were told the coroner had received considerable evidence about the events of that day and were invited to either view critical documents or make statements about this evidence but both officers declined.
Both men repeatedly claimed legal protections against self-incrimination to avoid being made to answer questions about the restraint of Morrison, the transit in the prison van, or decisions around when to perform CPR.
When they were directed to answer, both men claimed they could not recall significant detail from that day.
The coroner also heard how in the hours after Morrison had been taken to hospital, Shillabeer had finished his shift and left the prison to travel to Port Augusta in order to watch a friend play in a football grand final.
When questioned by counsel assisting, David Crocker, Shillabeer repeatedly said he could not remember whether he had been asked by supervisors to stay nearby to assist with an active police investigation into the incident.
However, Shillabeer said that once he had left he remembered taking a phone call from a supervisor while on the road to Port Augusta but could not recall what was said during that conversation.
Shillabeer then confirmed he continued driving towards Port Augusta after the conversation.
The hearings continued at a brisk pace on Thursday after a tense Wednesday afternoon in stark contrast to previous days.
Jean-Guy Townsend, another officer who had contact with Morrison in the back of the van, was called to appear on Wednesday but much of the court’s time had been spent in legal argument about what questions he might be directed to answer and whether he should be shown CCTV footage from the day of the incident.
After a series of interruptions, the coroner, Jayne Basheer, expressed “frustration” at events playing out in her courtroom.
“If I sound frustrated, it’s because I am,” Basheer said. “This is an inquiry into the facts and broad circumstances of the death of Mr Morrison. I have ruled that the gatehouse is a permissible topic.
“If I’m wrong, so be it. If I’m wrong, I’m wrong, but I will not tolerate any further delay in these proceedings and have the Morrison family sit at the back of this court and be subjected to what they must wonder is a derailing of their one hope that this inquest might actually probe something that was of interest to them.”
The court adjourned on Thursday afternoon and will resume on Friday morning at 10am, when the coroner is expected to hear from Neale McLeod, Neil Bradford and Martin Crowe.
At the time of his death, Morrison, a 29-year-old Wiradjuri, Kokatha and Wirangu man, had not been convicted of any offence and was being held on remand pending an appearance in the Elizabeth magistrates court via video link.
