Police cleared on fatal arrest

POLICE have been cleared of any wrongdoing in the death of a Robina man who suffered a heart attack during a struggle with a Mudgeeraba officer.

A coroner found police did not use excessive force in trying to arrest Christopher Leslie Martin, 65, who a neighbour saw hitting his elderly father and drink driving in the leadup to his death.

Coroner Terry Ryan also found police had no way of knowing about Mr Martin’s underlying heart condition or that stress could trigger a heart attack.

A coronial inquest was told police were called just before 2pm on September 6, 2015, after neighbour Gregory Wyatt saw Mr Martin strike his elderly father, Leslie Martin, so hard across the chest he fell to his knees.

“Police did an amazing job in a really difficult situation,” Mr Wyatt told the Bulletin.

He said Mr Martin cared for his elderly parents, both aged in their 80s, but was often seen in the street appearing intoxicated, acting aggressively and vomiting on the footpath.

The older Mr Martin is understood to have dementia and he and his wife, Mona, have moved to a nursing home since their son’s death.

Mr Wyatt said after he saw the assault he took the older Mr Martin, who was then 85, to Mr Wyatt’s home and waited for police while giving first aid for a grazed arm and knee from the fall.

“By the time police arrived Christopher was driving up and down the

Wyatt said.

It was not the first time the younger Mr Martin had been accused of assaulting his parents, with police called to the Leopardwood Circuit home five times between 2005 and 2015. Police also went to the hospital on at least seven occasions over family violence.

“His parents were generally reluctant to assist with police inquiries in relation to these incidents,” the coronial report said.

The inquest heard Mr Martin told Sergeant Daniel Rahe his father slipped in the shower and he had not pushed him over.

Sgt Rahe and Senior Constable Amanda Attardo breathtested Mr Martin, who they saw pull up in Mr Wyatt’s driveway. He returned a blood-alcohol reading of 0.07 per cent.

Body-worn camera footage of the incident showed Mr Martin raise his fists towards Sgt Rahe before walking to his home about 50m away. Sgt Rahe followed.

“Sgt Rahe told Mr Martin to relax. He reminded him he was detained and told him to sit down,” the coronial report said.

“Mr Martin then raised his fists towards Sgt Rahe who responded by pushing him in the chest with his palm, causing Mr Martin to fall backwards.”

The police officer handcuffed Mr Martin with the help of Sen-Const Attardo.

After Mr Martin was handcuffed, he lost consciousness and Sgt Rahe, who is also a surf lifesaver, gave CPR.

Mr Ryan said the level and type of force used by Sgt Rahe was “reasonably necessary” due to Mr Martin’s aggressive demeanour. street,” Mr