A coroner has been told there is no basis for adverse findings against a regional Victorian town's police or hospital service after a death in custody.
Matthew Dongelmans died on March 29, 2020, three days after he was arrested in Horsham.
The 30-year-old died of a suspected methamphetamine overdose, though an inquest in the Coroners Court today heard he repeatedly told police he hadn't taken drugs.
Counsel-assisting Lindsay Spence told the coroner that Mr Dongelmans, who identified as Indigenous, was arrested and searched at a Harriet Street house on March 26.
The search reportedly found gum, tobacco, paper and a mobile phone. He was taken to Horsham Police Station.
Coroner David Ryan heard that during a 20-minute police interview, at 4.44pm, Mr Dongelmans told officers "I feel crook" and "I just want to go see a doctor, mate".
When asked what was wrong, Mr Dongelmans told them his "heart was racing".
The inquest heard police later observed Mr Dongelmans deteriorating, with his "eyes glazed over" and his leg twitching.
The court heard police called the Custodial Health Advice Line before calling an ambulance, which arrived at 5.57pm.
Police told paramedics Mr Dongelmans had a strong history of drug use.
He was taken to Wimmera Base Hospital at 6.31pm, stretchered off at 7.01pm and assessed by hospital staff at 8.30pm.
Mr Spence told the coroner there were delays in treating Mr Dongelmans because at the time, emergency department staff were treating a "possible" COVID-19 case as well as a patient who needed to undergo "pre-operative procedures" before heading into theatre.
He said the intensive care unit was "extremely busy" and "over capacity", which led to "significant delays in the senior staff available".
Accusation of assault
The court heard Mr Dongelmans was flown to Footscray Hospital the following morning for further treatment due to organ failure.
Mr Spence said this was the day when police received their first evidence he had indeed taken drugs.
The coroner was told Mr Dongelmans' former partner, Heidi Knust, called police that day, saying a friend had told her that Mr Dongelmans had had an eight ball – one-eighth of an ounce of an illegal drug – in his pocket.
Mr Dongelmans died in Footscray Hospital at 8.55pm on March 29.
Ms Knust told the court that Mr Dongelmans was "a good guy".
"I strongly believe the police and hospital didn't do their job properly."
Ms Knust also claimed Mr Dongelmans was "assaulted" by a police officer during his arrest.
Mr Spence told the coroner that the evidence from officers' body-worn cameras, CCTV inside Horsham Police Station and hospital staff did not support the allegation.
The recommendations
Mr Spence told the court an autopsy on April 1, 2020 showed "widespread evidence of multiple organ failure" and the presence of methamphetamine.
He said based on the levels of the drug in his blood, it could not be said for sure when Mr Dongelmans consumed the methamphetamine, but given police footage and testimonies that it was likely he did so before his arrest.
Mr Spence said based on the evidence, police conducted an adequate search for drugs on his person during the arrest, police did not assault him, and that their medical response at the police station when he started showing symptoms was timely and appropriate.
Of the hospital, Mr Spence said it had implemented the recommendations of a report by chief medical officer Andre Nel following Mr Dongelmans' death, including developing a protocol for when the emergency department was over-capacity.
Mr Spence said the care given to Mr Dongelmans was appropriate and it could "not be concluded the absence of a delay [in treatment] would have prevented death".
"Because they weren't told he had methamphetamine in his system, they had no reason to flush his stomach," Mr Spence said.
Coroner Ryan is set to hand down his findings in the coming days.
