THE family of Dunghutti man, David Dungay Jnr, has set up a petition calling for charges to be laid in relation to his death while in custody.
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The death of George Floyd in America has seen a rise in awareness around the treatment of Indigenous Australians, with Amnesty International Australia saying more than 400 Indigenous people have died in police custody since the Royal Commission into Aboriginal Deaths in Custody ended in 1991.
Dungay Jnr, born in Kempsey, died at Sydney's Long Bay jail on December 29, 2015 after he was forcibly removed from his cell.
The cell extraction was triggered over a packet of biscuits Dungay Jnr was eating, with guards potentially worried about the complications they could cause for his diabetes.
Five police attempted to forcibly remove him from his cell.
Dungay Jnr, who was being treated for schizophrenia, was relocated to another cell equipped with CCTV and injected with a sedative. While face down, he could be heard pleading "I can't breathe", where he died shortly after.
David Dungay Jnr was the youngest son to Leetona Dungay and David Hill.
In 2019, following a coronial inquest, it was determined Dungay had died of cardiac arrhythmia.
The inquest found that "the use of force and restraint" led to his death.
At the time, NSW Deputy Coroner Derek Lee also determined the officers should not be held accountable. No charges have been laid.
The petition on change.org, asks for action on black deaths in custody in Australia adding that numbers will continue to rise as the perpetrators evade accountability.
The petition calls on the NSW Attorney General, Mark Speakman, to refer the matter to the NSW Director of Public Prosecutions and SafeWork NSW to investigate criminal charges under the laws of New South Wales.
Along with this lobbying, the family calls for the implementation of all 339 recommendations from the Royal Commission into Aboriginal Deaths in Custody.
A review conducted by the National Indigenous Australians Agency released in August 2018 found that, across all the recommendations, 64 per cent have been implemented in full, 14 per cent have been mostly implemented, 16 per cent have been partially implemented and 6 per cent have not been implemented.
The most action has been taken to respond to recommendations that relate to the justice system, prison safety, reconciliation, land needs and international obligations.
The least action has been taken to respond to recommendations that relate to non-custodial approaches and self-determination, the report said.
The petition has reached over 82,000 signatures and is aiming for 150,000. It has been administered by the National Justice Project.
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