A ROBINVALE man who died after twice being capsicum-sprayed by police last month, repeatedly refused to drop a knife or lie on the ground, a coroner’s court has heard.
During a directions hearing on Tuesday, the court was told that the deceased, Simaile Masila-Liutolo, had a history of heart failure that had previously required hospital treatment.
Counsel assisting the coroner Lindsay Spence said Mr Masila-Liutolo died as Victoria Police officers were attempting to take him into custody on May 29.
At the time of his death, Mr Masila-Liutolo was wanted by police for serious offences of violence, including stalking, two
aggravated burglaries and persistent breach of a court order.
The 32-year-old was also wanted for a commercial burglary and theft, and a Robinvale home invasion.
The court heard police had gone to great lengths to locate him, including visiting associates, places he was known to live, and a church.
On the day of his death, Robinvale police saw Mr Masila-Liutolo jumping the back fence of his mother’s house, and into other properties, the court heard.
Mr Spence said the two police officers knew of Mr Masila-Liutolo’s “propensity for violence”.
They found him in the back garden shed of a nearby house.
One of the officers pulled out a pistol, and the other OC spray, telling Mr Masila-Liutolo to put his hands up and get on the ground.
The officer sprayed Mr Masila-Liutolo when he came out of the shed armed with a curved knife, Mr Spence said.
The police officer yelled “knife, knife” and moved back, telling him to drop the weapon and get on the ground, activating a duress alarm, the court heard.
Mr Spence said Mr Masila-Liutolo ignored the officers’ repeated requests to put the knife down. He stood in the yard for 20 seconds before collapsing on his back.
It is alleged he then rolled onto his stomach, with the knife still in his hand. As he appeared to try to get up, an officer said: “Simaile mate, come on, you don’t want to do this”.
The second police officer then sprayed OC foam to his head and shoulders.
While on the ground face down with the knife under his body, a second police unit arrived.
The police officers decided to let the OC spray take effect instead of trying to arrest him, it is alleged.
One of the officers said: “I think he’s out, but he’s got the knife on his chest … I think he’s unconscious but I can’t be sure”, the court heard.
As police went to handcuff Mr Masila-Liutolo they realised he was unresponsive.
Officers performed first aid on him for more than an hour, and then arranged for a member to collect a community defibrillator after there was a delay in an ambulance arriving, the court heard.
An ambulance arrived at 6.01pm. The court was told that despite the best efforts of family members and first responders, Mr Masila-Liutolo died.
The homicide squad was notified, and major crime investigation detectives surveyed the scene.
Multiple statements were made that Mr Masila-Liutolo had a known heart issue, having collapsed on several occasions and taken to hospital for dilated cardiomyopathy and heart failure.
During an examination following Mr Masila-Liutolo’s death, a doctor observed he had fluid around his heart, his heart was significantly enlarged, and he had methamphetamine and a heart medication in his system.
Mr Spence said investigations were continuing into the full circumstances surrounding the death and a brief of evidence would be provided by September 30.
From there, the exact nature of the inquest will be determined.
