Nurse Breaks Down in Tears at Inquest Over Indigenous Man's Death in Custody

By Emile Pavlich, ABC Central Victoria

On Friday, a prison nurse who cared for an Indigenous man the morning he died in a central Victorian prison broke down in tears during a coronial inquest, revealing that she may have missed critical signs that could have prevented his death.

Gunditjmara and Wiradjuri man Clinton Austin, 38, was found unresponsive in his cell at Loddon Prison near Castlemaine on September 11, 2022. His family continues to seek answers about how and why he died, as the coronial inquest into his death resumed after months of delays.

Nurse Ebony Kearns testified that she did not check Mr. Austin’s vital signs or conduct further observations after he presented to a prison clinic with complaints of vomiting and diarrhea the morning he died. She admitted that she believed he was “OK” based on his appearance and the nature of his symptoms, but later acknowledged that she should have been more thorough.

“I should have been more thorough, regardless of the outcome. It may have prevented his death or been useful in determining whether he was OK or not,” Ms. Kearns said in court.

An expert report submitted during the inquest found that Mr. Austin’s condition at the time warranted further monitoring, including assessments of his heart and respiratory rates. He was serving a three-and-a-half-year jail term for aggravated burglary and had been eligible for parole for nearly a year prior to his death. Mr. Austin also lived with schizophrenia and had an acquired brain injury from a car accident in 2018.

Ms. Kearns was questioned about two statements she gave regarding her care of Mr. Austin. One was submitted to an internal prison database, while the other was signed in March 2023, several months after his death. She admitted the latter was written with the help of lawyers and was heavily edited.

“I was quite fearful of this entire process,” Ms. Kearns said. “That was me dragging my feet.”

The inquest also heard that nurses were not available 24/7 at Loddon Prison, raising concerns about the adequacy of healthcare support for prisoners. Ms. Kearns noted that while she found the mandatory cultural competency training she completed online to be “useful,” she felt that in-person training would have been more effective.

The coroner ruled that a doctor’s report suggesting Mr. Austin could have died from sepsis or heart failure would be included as evidence. However, the report was submitted after the deadline and was commissioned by Mr. Austin’s family’s legal representatives. Lawyers for the prison healthcare provider, GEO Healthcare, and mental health provider, Forensicare, argued that the findings were outside the doctor’s area of expertise and denied procedural fairness.

More evidence is expected to be heard from September 1 to 12, excluding September 11, the day Mr. Austin died. Earlier hearings in April revealed that Mr. Austin was an NDIS participant who had fallen through a gap in disability support services before his death.

Clinton Austin’s twin brother, Shaun, has called for systemic changes in the prison system and healthcare support for Indigenous Australians in custody after his brother’s death.

As the inquest continues, the family of Clinton Austin remains desperate for answers and accountability. The case has reignited discussions about the urgent need for reform in prison healthcare and the treatment of Indigenous prisoners in Australia.