Suicide in custody sparks push for change

Police acted compassionately to Stephen Niit when they arrested him, but it backfired. Soon after being placed in a cell the ambulance officer was dead. The suicide sparked an investigation into police procedures, and prompted a call for them to follow regulations more closely and take greater care with vulnerable prisoners.

 By FELICITY CULLEN

On December 23, 2009, Stephen Niit was locked up at the Echuca police cells, and was allowed to take his dog Tilly with him. Soon after, he used the dog’s leash to hang himself.

Police discovered his body about an hour and a half after he was placed in the cell, despite the strict rule that all intoxicated people must be checked least every half hour. He was being monitored through cameras instead of being physically checked.

The cell door opening to the exercise yard, where Mr Niit hanged himself, had been left open because the cell was too hot. This was also against regulations.

Mr Niit was an ambulance officer, who had been sick leave with stress and battling a terminal illness, according to Ambulance Employees Australia state secretary Steve McGhie.

The night he died, Mr Niit told police: “I’m just a broken down old ambo.” He had been travelling with his daughter Amy to Canberra to visit his father, who was unwell. After becoming lost and separated from his daughter, he stopped in Echuca. Behaving erratically, he indicated to a number of people that he was feeling suicidal – though not to police at the station after his arrest.

On March 18 this year, the Victorian Coroners Court published a report on the incident. Coroner Jacinta Heffey recommended Victoria Police institute an alert process to broadcast information about deaths in custody and reinforce compliance with standard procedure.

“The answer, in my view, lies in applying the monitoring and checking practices as set out in the Standard Operating Procedures and the Victoria Police Manual, and removing all hanging points and any item that could be used to self-harm,” she said in her report.

According to the Coroner, no exceptions should be made and it was not a lack of knowledge of the rules, so much as complacency about applying them.

Police say they are, in general, highly conscious of their responsibilities to vulnerable prisoners. Sen-Constable Emma Delbridge of Malvern Police Station said cases like Mr Niit's were rare.

“We’re very strict down at Prahran. We’re sister stations with Prahran and Malvern, so if we get any intoxicated individuals down on the road we take them there and they’re checked on every 15-20 minutes,” she said.

Any items with potential to cause self-harm were taken from individuals in custody. Constable Delbridge said even small things such as shoelaces were confiscated.

“We’ve got cameras, so we’re watching them from where we’re sitting doing paperwork and other things as well,” she said.

Constable Delbridge said when incidents like the case of Mr Niit occurred, officers involved were usually reported to the Ethical Standards Department.

“It changes in each individual case depending on what’s happened, what’s occurred, what’s been done, what hasn’t been done, that sort of thing. They’ll take all of that aboard, just like they would, say, at the AFL for misconduct on the field,” she said.

The Victoria Police Media Department and the Independent Broad Based Anti-Corruption Commission refused into comment on progress regarding implementing court recommendations into new policies to avoid incidents such as Mr Niit's death.

The Loddon Campaspe Community Legal Centre recommended that to prevent similar incidents in the future, practical and meaningful mental health first aid training be given to police officers working in regional Victoria and that they have a 24-hour phone access to mental health nurses and doctors.

It was also recommended by the centre that there be improved information exchange between regional police stations regarding custody management issues, especially in relation to critical incidents and near-deaths in custody. The center also suggested that police be given improved “vulnerable persons in custody” training.

Since the coroner's findings were published, some action has been taken to prevent future instances of harm to people in custody. The then Victorian Ombudsman, George Brouwer, published an investigation into deaths and harm in custody on March 26.

The report said there has been higher rates of self-harm in custody in 2012-2013.  The duty of care owed to people in custody and the need for custodial facilities to comply with the Charter of Human Rights and Responsibilities meant that an investigation into deaths in Victorian custodial facilities was warranted.

The report said that from a duty-of-care perspective, the operators of custodial facilities had a responsibility to ensure that people at risk of suicide or self-harm in custody, were identified and appropriately managed.

Despite Coroners Court recommendations for Victoria Police to institute an “alert system” for instances where people in custody attempt self-harm, no such system is currently in place.

However, there has been some improvement in the elimination of hanging points in cells.  “It is pleasing to see the efforts of the Department of Human Services 
in eliminating obvious hanging points and improving accommodation safety,” the Ombudsman’s investigation reported.

The investigation identified concerns about the medical coverage available to detainees held in rural police cells. As more detainees are being held for longer periods of time in rural locations, this is placing greater demands on local general practitioners in responding to the medical needs of detainees.

This can have dire effects where people in custody suffer from mental illness, as in the case of Mr Niit.

The investigation also noted a problem with the accountability of police and those responsible for the care of persons in custody across the board.

“The Office of Correctional Services Review (OCSR) which is responsible for monitoring and reviewing the performance of Victorian prisons, Community Correctional Services and other correctional services: lacks independence from Corrections Victoria; lacks transparency; has repeatedly failed to take appropriate action in relation to systemic issues affecting the Victorian prison system, including prisoner deaths,” the Ombudsman's report said.

The Ombudsman recommended Victoria Police develop and implement immediate strategies to reduce the number of prisoners and the length of stay in police cells, and that the provision of service for both general medical services and mental health services provided to detainees in regional police cells is reviewed.

While it is clear the death of Mr Niit has sparked discussion and reform into how Victoria Police and other responsible bodies deal with intoxicated people in custody and those with mental health issues at risk of self-harm, the issue is far from settled for those closest to him.

Mr Niit's wife, Lisa,  has launched a County Court action, seeking workers’ compensation because she believes his work contributed both to his depression and his death.

“This is not an attack on Ambulance Victoria, but I am aware that other ambulance officers have suffered and even taken their lives as a result of the stresses of their work,” Mrs Niit told The Herald Sun.

The family's lawyer, Arthur Dimsey, said the family did not blame Ambulance Victoria for Mr Niit’s death and the legal action was a WorkCover claim, not a negligence one. “The tragedy is that he was a man who loved his work and yet became a victim of his work,” Mr Dimsey said.

“Stephen was taken into custody in a confused state and warning lights should have been flashing,” Mr Dimsey told The Herald Sun. “He should have been safe in police custody.”

Mrs Niit describes her late husband as a family man. “Stephen dedicated his working life to giving to people and he enjoyed serving the community,” she said.

“He was a mild-mannered and easy-going man who enjoyed the simple things in life, and loved the outdoors and camping.”

People seeking support and information about suicide prevention can contact Lifeline on 13 11 14 or Suicide Call Back Service 1300 659 467 or follow @LifelineAust @OntheLineAus @kidshelp @beyondblue @headspace_aus @ReachOut_AUS on Twitter.

See other stories in mojo's series on mental health:

ECT: shock treatment given OK for young children

Mental health: Lack of support pushes fragile parents to the limit