Family of Indigenous man who died in custody say justice 'won't be done' as NSW coroner hands down findings
Uncle Mark Merriman performed a traditional smoking ceremony on the front lawn of the coroner's court. (ABC News: Nakari Thorpe)
In short:
The NSW coroner has released the finding into Gregory Merriman's death in custody in 2022 after tear gas was deployed.
The coroner recommended that Corrective Services amend its procedures of use of force when deploying tear gas.
Mr Merriman's older sibling said the justice he wanted for his brother "won't be done".
The family of an Aboriginal man who died in custody after tear gas was deployed near his locked prison cell say justice "won't be done" following an inquest into his death.
Warning: Aboriginal and Torres Strait Islander readers are advised that this article contains the name and image of a person who has died, with the permission of family.
Yuin man, Gregory Merriman, died from myocardial infarction at the Metropolitan Remand and Reception Centre in Silverwater on December 27, 2022.
He was 58 years old.
The inquest, which began in September last year, heard that Mr Merriman had a heart attack and died alone in his locked cell after tear gas was deployed by Corrective Services officers in his prison wing to stop a fight that he was not a part of.
His older brother, Uncle Mark Merriman, said his family would never see justice for his death.
Yuin man, Gregory Merriman, was 58 when he died in custody. (Supplied)
"I know the justice that I want personally for my brother, it won't be done,"he said.
"But … [the] findings will hopefully change how it is inside prison … not only for my brother but for everyone.
"Greg, he had a bad heart, like my family had bad hearts. Greg didn't know that, and that's why he died of a heart attack in the end … and the gas has something to do with it. You don't have to be a rocket scientist to work that out."
'Regarded as a peacemaker, tutor, mentor and friend'
On Friday, State Deputy Coroner Harriet Grahame handed down her findings into Mr Merriman's death.
Over four days of hearings, the inquest considered 12 volumes of material including witness statements, audio and visual material, and photographs all of which describe Mr Merriman as a "peacemaker" who "helped anyone and everyone".
Ms Grahame found Mr Merriman died while lawfully detained, following a use of force where CS gas, a type of tear gas similar to capsicum spray but more potent, was deployed against other inmates.
He was locked inside his cell and was found unresponsive about 30 minutes later. His death was a result of natural causes.
The coroner made a key recommendation for Corrective Services to consider amending its procedures for the use of force when deploying CS gas, including ensuring inmates who are affected by gas are provided medical attention and decontamination of areas where the spray has been used.
She noted that Mr Merriman's life "wasn't an easy one", after he and his siblings were removed from family under the now repealed Aborigines Protection Act.
Mr Merriman and his siblings were removed from family. (Supplied)
While he was still alive, he and his brother also gave evidence to the Royal Commission into Institutional Responses to Child Sexual Abuse.
"Greg and his siblings were removed from family … he faced a life of trauma, and systems that were supposed to protect him ultimately failed him," Ms Grahame said.
"Greg often talked about his childhood trauma and wanted to put his offences behind him and wanted to become a mentor.
"While in custody, he served as the Koori delegate and was clearly well respected. Evidence from GW, a friend and former inmate housed in the same POD at the MRRC as Greg, highlighted that Greg helped anyone and everyone.
"He was regarded as a peacemaker, tutor, mentor and friend. The witnesses who knew Greg painted a consistent picture of a man who was kind, respected and trusted."
'Black deaths have to stop'
The NSW/ACT Aboriginal Legal Service made submissions to the inquest calling for Corrective Services to undertake a review of its systems and make several urgent changes to guard against a repeat of the tragedy.
Mr Merriman was on remand at the time of his death.
He is one of more than 600 Aboriginal and Torres Strait Islander people who have died in custody and police incidents since the Royal Commission into Aboriginal deaths in custody, which ended in 1991.
Last October, the state coroner made a rare public statement describing the spate of Aboriginal deaths in custody as "profoundly distressing" after NSW recorded its highest ever deaths in a single year.
Deputy Coroner Grahame also noted in the preceding five years the number of Aboriginal prisoners increased by 18.9 per cent.
"Nearly half of Indigenous prisoners were on remand or on bail," she said.
"I accept these figures are result of colonisation … the gap has not closed."
Uncle Mark said he had looked at the footage of the day of the incident.
"Some prison officers did try to help, and I thank them, but the damage was already done," he said.
"There's gotta be change in jail, same as there's gotta be change out here … black deaths have to stop, you know, there's just been too many black deaths."
Uncle Mark performed a traditional smoking ceremony on the front lawn of the coroner's court in honour of his brother, along with other family members and supporters.
He remembers his brother as "a larrikin" and "loving".
"He's missed out on his grandkids, he's grandkids are now pregnant, so he's missed out on his great-grandchild," he said.
"Being the older brother, I always had to look after him. He just loved his cars, loved his bikes … Yeah, I just miss him every day. I haven't healed from it; I'm trying my best to.
"He was going down the same path that I was going, but unfortunately the revolving door… recidivism… but [he] just couldn't help it.
"I'll finish what Greg started … and I'll see him when I go."