The Deputy Commissioner of Northern Territory Corrections has defended prison staff who say they did not know Indigenous man Bernard Hector was suicidal before he took his own life, at an inquest into his death.
WARNING: This story contains description of self-harm which some readers may find distressing. It also contains the name of an Indigenous man who has passed away, used with the permission of his family.
Mr Hector, 31, died by suicide at the Darwin Correctional Centre in August 2021, after he had been on remand for six weeks, triggering a mandatory coronial inquest.
Coroner Elisabeth Armitage has spent two days examining the circumstances of his death, exploring the care, supervision, and treatment of the prisoner in his final days.
Deputy Corrections Commissioner David Thompson Corrections spent a gruelling day in the witness box, telling the inquest there had been "no concerns" raised about Mr Hector's mental health prior to his death.
"There were no signs … when you say we should have known, should have responded – we couldn't if we weren't aware," Deputy Commissioner Thompson said.
The coroner earlier heard from two fellow prisoners who told the court they had noticed a change in Mr Hector's behaviour but did not flag their concerns with staff.
Barrister for his family, John Lawrence SC, told the inquest his clients felt there should have been "more checks" and that Mr Hector had been playing with a homemade Ouija board and told friends he had "sold his soul to the devil" in the lead up to his death.
"My clients feel you have failed and didn't ensure he didn't become physically isolated, mentally isolated, depressed, sad, suicidal," Mr Lawrence said.
Deputy Commissioner Thompson expressed his condolences to Mr Hector's family, who sat in the front row of the coroner's court, and outside told reporters the death was a tragedy.
"It must be more difficult when somebody dies incarcerated in a prison, so my sympathies and my condolences go out to the family entirely," he said.
The court heard Mr Hector had issues with drugs and alcohol and was initially deemed "at-risk" of self-harm when he was remanded in custody, after telling his lawyer "I'm going to kill myself when I go to prison … tell my mum."
But after he was assessed by a nurse in the prison 24 hours later, Mr Hector's status was removed, and he was referred to drug and alcohol counselling.
He died six weeks later, the coroner heard, after a series of missed appointments in part due to Covid-19 restrictions.
Coroner Elisabeth Armitage suggested, if there were not already processes in place, that it could be made easier for Indigenous prisoners to report concerning behaviour in an 'informal' way, as opposed to filling out forms.
Prisoners not 'checked' at night
The coroner heard the area of the prison where Mr Hector was held, sector six, was not routinely patrolled at night, after prisoners were "locked down" around 6pm.
By the time Mr Hector was found in his cell on the morning of August 30, 2021, he had likely been dead for more than eight hours.
Barrister John Lawrence SC, for Mr Hector's family, told the court Mr Hector was "isolated" for the final few days of his life, after his cellmate was moved to a different area of the prison.
During a heated cross examination by Mr Lawrence, who on several occasions referred to the deceased by the wrong name, Deputy Commissioner Thompson insisted the prisoner was not "secluded".
He told the coroner sector six was not designed for regular checks of prisoners at night and they were not locked in their cells, but able to move around the section and mix with fellow prisoners.
When pressed about staffing levels at the prison, the deputy commissioner conceded staff shortages were a "manageable problem."
"It's always a problem at all prisons … we have enough [staff] at this moment in time," Deputy Commissioner Thompson said.
Deputy Commissioner Thompson flagged a new strategic plan for NT Corrections would be released on Friday, with a focus on reducing reoffending and improving work outcomes for Indigenous prisoners, who make up more than 80 per cent of the territory's prison population.
"We enter these coronial [inquests] to learn what has happened, and we will learn from this particular incident, and we may well readdress some of our procedures as a result," he said.
