Victorian police have apologised to the family of a man who died after being held for five hours in a police cell without medical treatment for a significant head injury. John Makai, a 58-year-old father of 10, died in 2023 from serious head trauma that went untreated despite him being unresponsive in a Broadmeadows cell, the Victorian coroner’s court heard on Monday. On the first day of an inquest into his death, footage was shown in court of Makai being dragged from a divisional van into police cells, and repeatedly failing to respond when officers checked on him through the cell door.
The officers twice claimed that he had responded, despite the CCTV of the incident showing no such physical response, counsel assisting Rachel Ellyard told the court. After the footage was shown, a lawyer for Victoria police’s chief commissioner, Mike Bush, said he apologised for the death. Andrew Imrie, for Bush, said that Makai’s care “was not at the standard that … any member of the Victorian community is entitled to expect”.
He offered sincere condolences to Makai’s family and said it was “a situation Victoria police and all its employees work tirelessly to avoid”. Imrie said there was a failure to complete a medical checklist when Makai arrived at the Broadmeadows station. He also said there were failures to notice his deteriorating condition, to complete a risk assessment, and to conduct adequate checks.
There had been disciplinary action taken against officers “where a basis was available”, he said. The court heard that an ambulance was initially called – but was cancelled – after one of Makai’s sons punched him twice while the pair were drinking with another of his sons and a friend at a house in Sunbury. Police attended the house and in footage shown to the court could be seen watching on as Makai struggled to stand and then collapsed into a bookcase while trying to sit down.
Police then had to support him to walk to the divisional van, and could be heard telling him to “get his legs up”. When they arrived at the Broadmeadows police station about 20 minutes later, Makai could no longer stand, and had to be dragged out of the van by his legs, with his head seen striking the floor and walls of the van. He was then placed seated on the ground, the footage showed.
Officers lifted him under the arms to drag him into a cell, where he was placed in what is known as a “coma position”, the inquest heard. He made no verbal response during this transfer, nor at any other time at the station, the court heard. Police requested another ambulance at 1.25am, telling them that Makai had a minor facial injury and was in a very deep sleep because of his state of drunkenness, and they would like him to be checked by paramedics.
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