The mother and sister of a man tasered, pepper-sprayed and handcuffed by police before his death have sued to recoup damages for mental harm they claim to have suffered.
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Jack Kokaua died of a heart condition at Prince Prince Alfred Hospital on February 18, 2018 around an hour after a violent confrontation with the NSW Police.
Inquest findings from May 2021 found the 31-year-old was pepper-sprayed in the face, shot three times with a Taser and held on the ground by several officers who handcuffed him.
He stopped breathing and was transferred to RPA where he was pronounced dead.
Mr Kokaua had been diagnosed with schizophrenia, depression and substance abuse.
Earlier on February 18, police had pepper-sprayed him after trying to ride his bicycle into oncoming traffic.
He was sedated and admitted into RPA but absconded after a nurse removed his restraints when he told her he needed to use the bathroom.
It was at this point police were called a second time that led to his violent restraint on a roadside in Camperdown and his ultimate death.
At the time, he had been released on parole after being jailed for armed robbery and assaulting a prison officer.
In May 2021, a coroner recommended changes in the way both NSW Police and NSW Health handled mental health patients, including added measures for those released on parole.
Mr Kokaua's 66-year-old mother Queenie and 41-year-old sister Pania have launched civil proceedings in the NSW Supreme Court seeking damages caused by the state's alleged failures.
NSW Police allegedly engaged in false imprisonment, assault, battery and negligence when they restrained Mr Kokaua, court documents say.
Officers failed to properly assess the risk before confronting Mr Kokaua and failed to form a plan to return him to RPA, including through the use of sedatives or calling ambulance staff to stabilise his behaviour, the lawsuit claims.
Care was also allegedly not taken to ensure the 31-year-old was getting sufficient air while being restrained under the weight of multiple police.
His mother and sister are suing for "pure mental harm" over a recognised psychiatric illness they both experience due to the death.
In claims against Western Sydney Local Health District, the lawsuit alleges that Mr Kokaua was prescribed the incorrect antipsychotic medication at Cumberland Hospital in January and February 2018.
He did not receive any injection of his required antipsychotic drug Clopixol in the month before his death, the documents say.
Sydney Local Health District is accused of failing in its duties to ensure Mr Kokaua was adequately restrained at RPA and could not flee the hospital.
Both mother and sister are seeking damages, aggravated damages and exemplary damages.
There had not been an apology from NSW Police for conduct which was heavy-handed, outrageous, based on racial prejudice and "displayed contumelious disregard of the deceased's rights and feelings," court documents say.
In a defence filed with the court, the State of NSW denies being vicariously liable for the conduct of police.
It claims the use of force by officers was "lawfully justified" and that they reasonably thought Mr Kokaua was trying to commit an offence or kill himself.
Police believed it would be beneficial to detain the 31-year-old and convey him to a mental health treatment facility but were forced to act in self-defence as he resisted, the defence says.
Both local health districts have also filed bare-bones defences denying alleged failures at Cumberland Hospital and RPA .
They deny Queenie or Pania suffered any injury, loss or damage because of their conduct.
The matter has been set down for a 14-day hearing commencing March 10, 2025 and will return to the NSW Supreme Court on September 6.
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Australian Associated Press
