12:12 pm today

Second phase of inquest into pepper spray prison death of Caleb Moefa'auo begins

12:12 pm today
An image of Caleb Moefa'auo positioned in the witness box.

An image of Caleb Moefa'auo positioned in the witness box. Photo: RNZ/Felix Walton

Corrections officers are expected to face the Coroners Court as the second part of an inquest into the death of a man pepper sprayed at Mt Eden Corrections Facility gets underway this week.

Caleb Moefa'auo, 26, died in 2022 after suffering a cardiac arrest shortly after being pepper-sprayed by an officer.

The first phase of a coronial inquest into his death was held in July.

Phase two began in the Auckland District Court on Monday. It will focus on the circumstances of his death, how his mental health contributed to what happened and whether the officers involved adequately took this into account.

Moefa'auo had previously been diagnosed with schizoaffective disorder, and was staying at Tiaho Mai - a residential unit to support people with mental health issues - after pleading guilty to aggravated assault and shoplifting in June of 2021.

In December of 2021 he was sent to Mt Eden Corrections Facility after allegedly assaulting a fellow patient at Tiaho Mai, and was later found to be at risk of self-harm so placed in the prison's Intervention and Support Unit.

Phase one of the inquest outlined the events leading up to his death.

The lawyer assisting the coroner, Rebekah Jordan, had said Moefa'auo had taken a shower that day. He had used three towels to dry himself and had taken a fourth, when an acting senior corrections officer approached him, holding a can of pepper spray.

Moefa'auo was told to pass the towel to another officer, which he did, before being directed to get onto his knees.

When Moefa'auo began to rise, the acting senior officer shouted at him, before spraying him.

"Caleb was clearly affected by the pepper spray. A number of officers restrained Caleb on the ground and placed him in handcuffs... While this was happening Caleb repeatedly apologised and made the first of a number of comments that he could not breathe," Jordan said.

The officers took him back to his cell, where he stopped responding.

The prison officer who sprayed Moefa'auo was charged with assault, but found not guilty by a jury. The jury was not told that Moefa'auo had died, as the fact was deemed prejudicial.

The parents of Caleb Moefa'auo are hoping the inquest into his death will bring changes into how individuals with mental disorders are treated while on remand.

The parents of Caleb Moefa'auo are hoping the inquest into his death will bring changes into how individuals with mental disorders are treated while on remand. Photo: Nick Monro

Phase two began on Monday with a prayer from Moefa'auo's grandfather, as well as opening comments from his mother, Justine Lauese.

She said the family was seeking clarity about the circumstances and choices that led to Moefa'auo's death.

"We love Caleb so deeply, and even though he cannot stand here with us, we stand here for him, for his dignity, his voice, and for the gentle hope that meaningful change can come in his name," Lauese said.

"We need to fully understand what happened to our son so that real and effective change can be made."

Lauese said she and her family carried the weight of what happened to Moefa'auo everyday.

"His death has affected us emotionally, mentally and spiritually in ways we will carry forever."

Coroner Heather McKenzie thanked the family, who sat watching from the back of the courtroom wearing 'Justice for Caleb' pins.

"Having Caleb's family here really gives him a voice," she said.

McKenzie highlighted the importance of seeing the person behind the timelines and statements.

"In the first part of the inquest we heard a lot of policy evidence, and it can be easy in that setting to lose sight of the emotional toll, and also the events that happened on the day," she said.

"But this week is the sharper end of things, and you mentioned that you, as Caleb's family and the others, have carried the weight of his death and I really do, sincerely, acknowledge that."

The inquest continues.

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