Man who died after being pepper sprayed ‘deserved humanity and protection’

Source: Radio New Zealand

The family of a man who died after being pepper sprayed in prison says properly funded specialised training is needed for all Corrections staff.

The second phase of a Coronial Inquest into the death of Caleb Moefa’auo has concluded in the Auckland District Court.

Its focus was 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 a residential unit to support people with mental health issues – after pleading guilty to aggravated assault and shoplifting in June, 2021.

He was moved to Mt Eden Corrections Facility in December 2021 after allegedly assaulting a fellow patient at the residential unit.

Moefa’auo 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.

Moefa’auo’s family gave a statement to the Coroner’s Court, saying they thought often about his final moments, and how frightened he must have been.

“It brings us sadness knowing he was in distress, and we simply wish he could have been met with more patience and understanding in that moment,” they said.

The Moefa’auo family wanted to highlught the need for specialised training for all staff in the Department of Corrections.

They hoped that in future, when someone is clearly struggling, those around them feel supported and able to respond with care and patients.

“It hurts us deeply that Caleb’s dignity was not upheld in those moments. He deserved humanity and protection, especially when he was at his most vulnerable.”

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.

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.

He was taken back to his cell were stopped responding.

His family recognised the Corrections officers who gave evidence throughout the week of phase two.

“Their words do not lessen our loss, but we recognise the courage it takes to front painful events, and we received their acknowledgements with sincerity.”

Moefa’auo’s family wanted stronger, more specific information sharing when it came to mentally unwell inmates, so staff knew how to support them while still keeping themselves safe.

“Alongside this, we hope to see safer processes and the consistent application of de-escalation and wellbeing-focused responses, so staff feel confident in their roles and those in their care are treated with understanding and dignity.

“While nothing can change what has happened to our son, we hope that by sharing our pain and experience, meaningful improvements will follow improvements that prioritise safety, dignity, and humane decision-making,” they said.

The officer who sprayed Moefa’auo, who cannot be named, gave evidence at the Inquest on Thursday, saying what happened haunted them.

“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.”

Moefa’auo’s family were hopeful for a change.

“If those changes can protect even one more life, then Caleb’s memory will help guide something better for others.”

– Published by EveningReport.nz and AsiaPacificReport.nz, see: MIL OSI in partnership with Radio New Zealand