Death of David Dungay Jr.

Dungay grew up in Kempsey, New South Wales, Australia[2] with his mother Leetona and his siblings.[3] He was diagnosed with Type 1 diabetes[4] when he was six years old.[3] Dungay was a keen rugby league player as a child.[2]

In December 2015, Dungay was serving a sentence for assault, aggravated attempted sexual intercourse and party to robbery[3] and was due to be released the following January.[5] On the morning of 29 December, he was eating Jatz[6] in his cell[7][8] when guards ordered him to stop due to his diabetes. After he refused or ignored the orders to stop, several correctional officers entered his cell, restrained him and moved him to another cell, where he was injected with the sedative midazolam.[9] Dungay stopped breathing shortly after and was declared dead at 3:42pm.[2]

The coronial inquest into Dungay's death began on 16 July 2018.[10] At the inquest, camera footage showed that he was held down and yelled "I can't breathe" multiple times.[8] The commissioner of corrective services, testifying at the inquest, stated that it was a misconception that a restrained person who can talk must be able to breathe.[11] In November 2019, the coroner found none of the guards involved should face disciplinary action and their "conduct was limited by systemic efficiencies in training".[12] After the findings were announced, Dungay's mother stated that justice had not been served and their family would seek prosecution of the guards.[12]

In June 2021 she said that she intended to lodge a complaint with the UN Human Rights Committee, hoping that it would encourage all levels of government in Australia and other institutions to implement the recommendations of the 1991 Royal Commission into Aboriginal Deaths in Custody. She is being assisted by human rights lawyers Jennifer Robinson and George Newhouse.[4]