Yatala prison inquest: guards fight giving evidence to avoid risk of self-incrimination
Seven guards face the possibility of criminal charges if they give evidence over the death of an Indigenous South Australian prisoner, an inquest has heard.
The guards have argued in the coroners court that they should not be required to give evidence to the inquest into the death of Wayne Fella Morrison because they could incriminate themselves.
Morrison, 29, died in September 2016 after being restrained and put face down in a prison van at Yatala prison in northern Adelaide.
The inquest has previously heard he was in custody on assault charges and was being taken for a court appearance by video link when he became involved in a scuffle with officers. He was lifted into a prison van but was blue and unresponsive when he was pulled out a few minutes later.
Despite resuscitation attempts, Morrison did not regain consciousness and died in hospital several days later.
In court on Wednesday, lawyers for the guards who were inside the van said they should not have to give evidence because they could open themselves up to criminal charges.
“[There is] the potential to be prosecuted for a range of offences based on the proposition that there is a cause or link between something that happened in the van and the death of Mr Morrison,” Michael Abbott QC said.
Counsel representing the Morrison family, Claire O’Connor SC, agreed there could be criminal charges arising from the inquest.
“We would be treating, at least the incident in the van, as being an incident where we say it might be on the cards that a crime was committed,” she said.
But she said the guards should still be required to face the inquest and answer the questions that would not incriminate them.
The inquest continues before deputy state coroner Jayne Basheer.