Source: Radio New Zealand
An image of Caleb Moefa’auo positioned in the witness box at an inquest into his death in custody. RNZ/Felix Walton
A Corrections officer says the death of a man they pepper sprayed in Mt Eden Prison has stayed with them.
The second phase of a Coronial Inquest into the death of Caleb Moefa’auo is underway in the Auckland District Court.
It will focus on the circumstances of his death, how his mental health contributed to what happened and whether the officers involved adequately took this into account.
Moefa’auo had been previously diagnosed with schizoaffective disorder, and was staying at Tiaho Mai – a residential unit to support people with mental health issues – after pleading guilty to aggravated assault and shoplifting in June, 2021.
He was sent to Mt Eden Corrections Facility in December, 2021 after allegedly assaulting a fellow patient at Tiaho Mai, and was later placed in the prison’s Intervention and Support Unit, after being found to be at risk of self-harm.
The 26-year-old had a cardiac arrest after being pepper sprayed in 2022, in an altercation over returning towels following a shower.
Caleb Moefa’auo was only 26 when he died. Supplied
On Thursday, the officer who sprayed Moefa’auo gave tearful evidence, pausing a number of times to wipe their eyes.
The officer, who cannot be named, had been charged with assault but was acquitted in a trial by jury.
They said they would’ve approached Moefa’auo differently, if they had known more about him.
“It wasn’t until after his death that I found out that he had come from an acute mental health ward, hadn’t been taking his medication, and had not slept the previous night,” they said.
“Looking back now, I think I would have approached him differently if I had known more about him. The more information about the people we are looking after, the better decisions we can make.”
The officer believed using pepper spray was necessary to gain control of the situation.
“I want to be clear that my decision to use pepper spray was not because Caleb had more than one towel,” he said.
“The towel issue was what started the interaction, but my decision to draw and then use spray was about the situation becoming unsafe, and needing to regain control.”
The officer said they drew the spray as a warning, but couldn’t see any sign of Moefa’auo following instructions.
The officer said the decision to use pepper spray was made in good faith.
Looking back, the officer said he might have tried talking to Moefa’auo for longer or creating more space between them.
“At the time, I saw risk from Caleb’s non-compliance, his size, his raised and agitated behaviour, and the wet towels which can be used as a weapon or ligatures.”
The officer addressed Moefa’auo’s family who sat sullenly at the back of the courtroom.
The parents of Caleb Moefa’auo, Fereti Moefa’auo and Justine Lauese. Nick Monro
The officer choked back tears as they spoke about the impact of Moefa’auo’s death.
“Caleb’s death has stayed with me,” they said.
“I have replayed those moments many times in my mind and have reflected deeply on what happened that day, what began as a situation I believed I needed to manage for safety reasons ended in the outcome that none of us could have foreseen or wanted.”
They recognised the deep loss the Moefa’auo family carried, the officer said.
‘I try talk to the prisoners like they’re human’ – staffer says
The Coroner’s Court heard earlier on Thursday from another Corrections officer who tried to take Moefa’auo’s towel prior to him being pepper sprayed.
In phase one of the inquest, which took place in July, Counsel assisting the Coroner, Rebekah Jordan, outlined the series of events leading up to Moefa’auo’s death.
He had taken a shower that day, and used three towels to dry himself.
Caleb pictured with his mother. Supplied
After taking a fourth, an acting senior corrections officer approached him, holding a can of pepper spray.
Moefa’auo was told to pass the towel to another officer, which he did, before being directed to get on his knees.
When Moefa’auo began to rise, the acting senior officer shouted at him, before spraying him.
“Caleb was clearly affected by the pepper spray. A number of officers restrained Caleb on the ground and placed him in handcuffs… While this was happening Caleb repeatedly apologised and made the first of a number of comments that he could not breathe,” Jordan said.
The officers took him back to his cell, where he stopped responding.
The Corrections officer on Thursday said as they read their statement Moefa’auo was “passively resisting” when asked to hand the towel over.
“At the time of speaking to Caleb about the towel, I didn’t perceive him as a threat,” they said.
“The response that I was using to get the towel from Caleb, I believe, was appropriate, in that it was verbal communication, and I felt that I was going to be able to safely resolve the situation by talking to him.”
However, as Moefa’auo went to pick up more towels, he was confronted by other officers and the situation escalated, leading to the pepper spraying.
Coroner McKenzie asked the staffer how they balanced looking after their own safety with the safety of inmates in their day to day prison work.
“Is there an emphasis on one safety over the other,” she asked.
“Ever since I started this job, I try talk to the prisoners like they’re human, because they are,” the staffer said.
“I never go high, I never go low, I try and stay in that level with them, try and gain compliance, and that’s how I build my confidence in dealing with prisoners.”
Officer Scrutinised by family’s lawyer
The lawyer representing Moefa’auo’s family, Sam Wimsett KC, grilled the officer on the stringent rules around towels.
A badge made by the family of Moefa’auo. RNZ/Finn Blackwell
“Is it written down somewhere, what you were told?” he asked.
“Not to my knowledge” the officer replied.
“Is there a manual with these types of things?”
“Not that I know of,” the officer responded.
He asked if the officer thought they could’ve given Moefa’auo more of a warning, to which the officer agreed.
Wimsett pointed out pepper spray fell under the use of force, and that the physical use of force was meant to be the final option.
He questioned what other options the officer used to try de-escalate the situation.
“No other options,” the officer said.
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– Published by EveningReport.nz and AsiaPacificReport.nz, see: MIL OSI in partnership with Radio New Zealand
