Caleb Moefa'auo died after being pepper sprayed in prison, his mother wants answers

The mother of a man who died after being pepper sprayed in Mt Eden Prison says they have lingering questions about what happened.

Corrections officers have gone under the microscope before the Coroner's court today after the death of 26-year-old Caleb Moefa'auo.

He went into cardiac arrest shortly after being pepper sprayed by an officer in 2022.

His family have been seeking answers since his death, with the second phase of a coronial inquest into what happened beginning in Auckland on Monday.

Justine Lauese, Moefa'auo's mother, sat at the back of the courtroom in the Auckland District Court with her family, wearing pins that said "Justice for Caleb".

She read a statement to the court at the beginning of the inquest's second phase.

"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.

Moefa'auo was sent to Mt Eden prison after allegedly assaulting a fellow patient at Tiaho Mai mental health unit. He was then placed in the prison's Intervention and Support Unit at the end of 2021.

In April 2022, he was in a stand off with prison guards over a bathroom towel.

Moefa'auo was pepper sprayed and taken back to his cell, where he went into cardiac arrest and died shortly after.

Lauese told RNZ it had been a long, difficult journey to get answers.

"Honestly, it's very distressing, mentally and physically it's been very, very hard," she said.

"We have details, but they don't make sense to us. There's just that constant 'what happened', 'why was this done', 'why wasn't common sense used'."

She wanted clarity around her son's death, and a change from the prison system.

"We want their processes changed, that information shared, the systems they use, we want to see specialised training especially for the Corrections officers, especially in the [Intervention and Support unit]," Lauese said.

"We don't want to see people like Caleb fall through the cracks."

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, after the fact was deemed prejudicial.

Coroner Heather McKenzie thanked Caleb's mother and family, adding that their presence in court was important.

"Having Caleb's family here really gives him a voice, and I am very grateful for you again having the courage to be almost the first person to stand up in court this week and speak to us," she said.

McKenzie said this part of the inquest would focus on what happened at the time of Moefa'auo's death.

"A few months ago, 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, but this week is the sharper end of things."

For Lauese and her family, it will be about answering lingering questions.

"We just want answers, we want clarity, we want them to be transparent and we do want accountability," Lauese said.

"We know that no one can be found guilty, but the accountability is through change, real change, effective change."

The inquest continued this week.

Prison under significant pressure at time, staffer says

Earlier on Monday, a person who cannot be named, said the prison was facing significant pressure at the time Moefa'auo died.

"At the time of Caleb's death, [Mt Eden Prison] was experiencing significant staffing and procedural challenges, compounded by the pressures of operating under stringent Covid-19 protocols," they said.

"Access to the (Intervention Support Unit) by external professionals was also restricted to minimise the risk of Covid-19 transmission within the wider prison population."

The staff member said those constraints were particularly acute in the context of Mt Eden's role as a remand facility.

"The high turn over and complex needs of the remand population placed additional strain on staff and systems, making it increasingly difficult to maintain consistent oversight and therapeutic support."

Prisoners in the ISU were not allowed to take towels into their cells, as it posed a risk to themselves, they said.

"One towel is provided for showering, and can be replaced if required for drying, but must be returned immediately after use, prior to individuals returning to their cell." they said.

They said several reviews had been initiated in the wake of Moefa'auo's death, and that lessons had been learned.

These included monthly training, informed by identified gaps across the site, continued reinforcement of best practice, and including health as a priority, as well as additional training for staff to stop and check on prisoner welfare when using force.

The Corrections staff member was questioned by the lawyer representing the officer acquitted of assaulting Moefa'auo, Lily Nunweek, who raised concerns about the level of experience of those involved.

That question was not answered, however, with Correction's lawyer suggesting it was better directed at the staff themselves.

Under later cross-examination from counsel assisting Coroner Rebekah Jordan, the staff member admitted officers in the ISU needed more support.

"All the staff in there have a focus to support the men in that unit, and they do a really, really good job," the staff member said.

"Do they have the right training for being in there? No, we don't give them psychological training [...] in my opinion no, we don't give them enough training.

"Even now. The training that we sourced for them was done off our own back."

The Corrections staff member told Coroner McKenzie they wanted to see specialist training from staff, including understanding mental health triggers.

"They're not psychologists, they've never trained to be psychologists, and, for me, Mt Eden holds a lot of complex prisoners, with a lot of mental health - I don't like saying issues - with a lot of mental health, really, prisoners that have got a lot of mental health stuff going on," they said.

"And it's becoming more and more common that we're finding prisoners coming into the system now that are diagnosed more with mental health illnesses, and I'd like to see more training in that area for the staff."

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