Victoria Police has apologised to the family of a 58-year-old father of 10 who died after allegedly being held for around five hours in a Broadmeadows police cell without receiving medical treatment for a serious head injury. The apology was delivered as the Coroners Court of Victoria began hearing evidence into the 2023 death of John Makai.
What the inquest has heard so far #
The inquest, sitting this week, was shown footage described in court as depicting Mr Makai struggling to stand inside a police cell in the hours before his death, the court was told. Counsel assisting the coroner said Mr Makai had sustained a significant head injury after allegedly being punched by his son, and that he was later taken into police custody rather than transported to hospital.
Court documents seen by VCN indicate Mr Makai remained in the Broadmeadows cell for a period of approximately five hours before his condition was identified as critical. He was later confirmed to have died from injuries consistent with serious head trauma, the inquest was told.
A representative for Victoria Police told the court the force wished to apologise to Mr Makai’s family for the way the matter was handled, acknowledging the outcome had caused significant distress. The coroner is yet to make findings on what occurred inside the cell complex, or on what medical assessments, if any, were made of Mr Makai prior to his death.
Why this is going to an inquest #
Under Victorian law, any death that occurs while a person is in the care or custody of police — including in a police cell, watch house or during transport — must be reported to the coroner and is subject to a mandatory investigation. These are sometimes referred to as “deaths in custody” inquests, and they carry particular scrutiny because they examine not just how a person died, but whether the systems meant to protect them — including police duty-of-care obligations — functioned as intended.
Coroners in these matters have the power to examine the conduct of police officers, custody staff, and any medical or mental health assessments that were or were not undertaken. They cannot make findings of criminal or civil liability, but they can make recommendations aimed at preventing similar deaths, and can refer matters to other bodies — including Victoria Police’s Professional Standards Command or IBAC — if they consider that appropriate.
The family’s account #
Mr Makai’s family has attended the hearing this week. Details of the alleged assault that preceded Mr Makai’s detention are before the coroner, and the court was told the injury is alleged to have occurred during an incident involving his son. VCN is not detailing the son’s identity or the specific circumstances of that alleged incident further, as this masthead is mindful that any related criminal matter — if charges have been laid — would remain subject to the usual protections afforded to an accused person before the courts.
No findings of fact have yet been made by the coroner regarding how Mr Makai came to sustain his injuries, how he came to be taken into police custody rather than to a hospital, or what medical attention — if any — he received during the hours he was detained. The inquest continues, and further evidence, including from treating clinicians, custody staff and possibly independent medical experts, is expected to be heard in coming sittings.
What Victoria Police has said #
Victoria Police said in a statement provided to the court that it had apologised to Mr Makai’s family for the way in which the incident was handled. VCN understands the apology related broadly to the outcome of the matter rather than constituting an admission of specific wrongdoing by individual officers, and no findings as to the conduct of any particular member have yet been made.
Victoria Police is understood to be cooperating with the coronial process. Any operational or policy failures identified through the inquest would likely inform subsequent recommendations directed at custody management practices, including protocols for assessing head injuries and other medical conditions in people taken into police cells.
How custody health assessments are meant to work #
Victoria Police operates under formal guidelines requiring custody officers to conduct a health and welfare risk assessment when a person is brought into a police cell. These assessments are designed to identify obvious injuries, intoxication, mental health concerns or other conditions that might require the person to be taken to hospital instead of, or in addition to, being held in custody. Cells are also fitted with monitoring systems in many stations, and custody staff are required to conduct periodic welfare checks.
The coroner in this matter is expected to examine whether those processes were followed in Mr Makai’s case, and whether the systems in place were adequate to detect a deteriorating medical condition. This is a recurring theme in Victorian coronial findings involving custody deaths — including previous inquests that have prompted changes to health screening protocols, staff training and communication between custody staff and paramedics.
What happens next #
The inquest before the Coroners Court of Victoria is ongoing, and further hearing dates are expected to be listed. A coroner’s findings, once handed down, will address the medical cause of Mr Makai’s death and may include recommendations to Victoria Police, Ambulance Victoria or other agencies regarding custody procedures.
VCN will continue to report on the proceedings as further evidence is presented. No findings have yet been made regarding responsibility for Mr Makai’s death, and any characterisation of individual conduct remains a matter for the coroner to determine based on the evidence before the court.
The matter is currently before the courts. All persons and agencies involved are entitled to have findings made only on the basis of evidence properly tested before the coroner.
Support is available #
This article discusses a death in police custody and family violence-related injury, which may be distressing for some readers. Support is available. Lifeline can be contacted on 13 11 14. The Sexual Assault Crisis Line is available on 1800 806 292. Safe Steps family violence response is available on 1800 015 188, and 1800RESPECT can be reached on 1800 737 732. Beyond Blue is available on 1300 22 4636. Aboriginal and Torres Strait Islander readers can contact 13YARN on 13 92 76. Anyone with information relevant to a police matter can contact Crime Stoppers on 1800 333 000.
