A former particular forces commando has informed a coronial inquest that he would have used the identical neck restraint approach that police used on Steven Nixon-McKellar.
Key factors:
- Police used a lateral vascular neck restraint whereas arresting Steven Nixon McKellar, 27, in Toowoomba, in 2021
- A particular forces commando tells an inquest into Mr Nixon-McKellar’s loss of life that he would have used the identical approach
- A lawyer for Mr Nixon-McKellar’s household says police launched a “violent assault” on him
Mr Nixon-McKellar, 27, died of a cardiac arrest in October 2021 following an altercation with police outdoors a Toowoomba residence, throughout which a lateral vascular neck restraint (LVNR) was utilized to him.
Paul Cale gave proof earlier than State Coroner Terry Ryan on Tuesday in his capability as an knowledgeable in operational and fight ways and coaching, which he offers to the Australian Defence Power and police.
Showing by way of videolink, Mr Cale informed the inquest he had shaped an opinion that the LVNR utilized to Mr Nixon-McKellar by Senior Constable Tylarr Colman was appropriate.
On Monday, police physique digicam footage was proven of officers Constable Brandon Good and Senior Constable Simon Giuliano engaged in a 5 to 10-minute wrestle with Mr Nixon-McKellar and radioing for backup.
When Senior Constable Colman arrived to help, he utilized an LVNR.
Throughout questioning on Tuesday from Stewart Levitt, the lawyer representing the Nixon-McKellar household, Mr Cale mentioned that he would have additionally used the manoeuvre if he have been in the identical scenario as Senior Constable Colman arriving on scene.
“I would not know if the individual was armed or disarmed, or if there have been different folks round,” Mr Cale informed the inquest.
“I’d depend on the police on the scene to make the judgement as rapidly as doable to make use of a authorized approach.”
Neck restraint eliminated as ‘drive possibility’ this yr
Sergeant James Donnelly from the Queensland Police Service operational abilities and ways part gave proof that he additionally agreed with the appropriateness of utilizing the LVNR.
Throughout the first two days of the inquest, a number of witnesses defined that the LVNR is a manoeuvre whereby stress is utilized to sides of the neck to scale back blood circulation to the mind and should render an individual unconscious.
The Queensland Police Service eliminated it from their use of drive choices in April 2023.
Sergeant Donnelly informed the inquest on Tuesday that its use within the 2021 altercation was consistent with QPS insurance policies and procedures on the time.
“I believe using drive choices they delivered have been to the most effective of their skill … even throughout a high-risk incident,” Sergeant Donnelly mentioned.
Mr Levitt disagreed with Sergeant Donnelly’s menace stage evaluation.
He recommended that officers ought to have engaged in “affordable” enquiries earlier than launching what he referred to as a “violent assault” on Mr Nixon-McKellar.
‘Multifactorial loss of life’
The inquest additionally heard from Dr Steven Rashford, the medical director of the Queensland Ambulance Service, who mentioned that the LVNR was the “last set off” for Mr Nixon-McKellar’s cardiac arrest.
Dr Rashford mentioned that had the 27-year-old not had different well being points and obtained the LVNR, it’s unlikely he would have died.
“Whenever you put all of them collectively you create a scenario the place an individual is sort of primed to have an hostile occasion,” he mentioned.
The inquest continues.
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