'Heartbroken': Wynne family says inquest fails to deliver justice

Despite multiple failures on the part on WA authorities, including inconsistent testimony by police, the coroner did not recommend any charges.

Ms Wynne grandmothers

Jennifer Clayton (R), Ms Wynne's grandmother, and her sister Barbara Stoeckel-Clayton outside Perth Central Law Courts. Source: NITV News: Aaron Fernandes

The family of an Aboriginal woman who died after being restrained by police have condemned a coroner's recommendation that no charges be laid against the officers involved, despite multiple adverse findings against them. 

26-year-old Noongar Yamatji woman Cherdeena Wynne, who lived with mental health issues, died after police handcuffed her face down by the side of a busy Perth road in April 2019.

Ms Wynne's family, who have waited three years for the findings of the coronial inquest, say they have been left "heartbroken" by the process.

"How long will it take for the police to learn these lessons and follow through with improvements and recommendations to prevent further deaths?” asked Aunty Jennifer Clayton, Ms Wynne's grandmother.
An inquest into the death of Ms Wynne has been held this week.
Ms Wynne, who was 26 years old when she died, is survived by three children. Source: Supplied/Family
After a five-day inquest Coroner Philip Urquart found that the mother of three was under the influence of methamphetamines and was in desperate need of psychiatric treatment.

He made multiple adverse findings against both WA Health and WA Police, including against an officer who had Ms Wynne pinned under his knee for almost two minutes while she was lying face down.

"[The officer] did err in maintaining his leg hold on the upper back of Ms Wynne for longer than was necessary..." Mr Urquart wrote.

"Furthermore, I have also found that four police officers erred in failing to ensure the breathing of Ms Wynne was properly monitored when she was in the prone position."

The testimony of police that they had immediately lifted Ms Wynne from the prone position after handcuffing her was also found to be inconsistent with CCTV footage showing her left on the ground. 

Ms Clayton said some of the findings had come as a shock to the family.

"We were never told that the four police officers didn’t even bother to check her breathing when she was so vulnerable.

“The fact that the police cannot tell me when my granddaughter stopped breathing is disgusting and shows so much about the way they failed her.”
Famiyl address media
Ms Wynne's family addressed the media after the coroner's findings were handed down. Source: NITV News
The National Justice Project, who represented the family during the inquest, said the coroner's sole recommendation for more police training was disappointing.

"This flies in the face of the serious criticisms that the Coroner has levelled at the WA Police and its Internal Affairs Unit," they said in a statement. 

“The recurring problems of a lack of safety for First Nations people and those with mental health issues in their interactions with police should have been addressed.”

Ms Wynne had escaped from the Joondalup Health Campus in the fortnight before her death. 

The coroner found that the campus' removal of one-to-one supervision of Ms Wynne also contributed to her escape.

Officers who had encountered Ms Wynne earlier on the day of her death had also not completed their duty of care by failing to conduct an adequate mental health check.

The arresting officers were also found not to have spoken to Ms Wynne before conducting the arrest, contradicting police policy. 

The family say they are awaiting an apology from WA Police, and have called for a change in policy that would remove police as first responders during a mental health crisis. 

Warren Cooper, Ms Wynne's father, also died in custody, 20 years before his daughter.

Both were 26 years old when they died.

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3 min read
Published 27 April 2022 5:16pm
Updated 27 April 2022 5:20pm
By Dan Butler
Source: NITV News


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