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My name is Paul Silva I’m a proud Dunghutti man from Kempsey NSW and I am the nephew of David Dungay Jnr. 


I’ve been on the front line fighting for justice and accountability for the past 5 years. I will continue until there is a thorough  independent investigation into the death of David Dungay Jnr and most of all change so families will stop suffering from these traumatic and preventable events like a death in custody. 

On the 29th of December 2015, a group of Immediate Action Team Officers (IAT) stormed a jail cell at Sydneys Long Bay Hospital ward where David Dungay Junior (age26) was being held as he was a diabetic at 2:42pm he was contained in he’s cell eating biscuits, corrective offers ask for him to give up the biscuits he refused to stop eating them as he was having a diabetic episode, There was no medical or security emergency to raid the cell. David Continuously yelled I can’t breathe despite he’s pleads for help A nurse then injected him with a needle and less than a minute later David was dead. 

The officers then dragged the 26-year-old Dunghutti man into another cell, where five IAT officers held him face down in a potentially lethal prone position on a bed.

David called out that he could not breathe on numerous occasions but the guards didn't let up and refused to listen to David.

After David was being held down a nurse then inject him with a strong sedative as a result David became lifeless.

I’ve been fighting for justice for David Dungay Junior and systematic change within our police stations and prisons since December 2015, when David’s life was tragically taken by New South Wales Corrective Offices and Justice Health staff that didn’t adequately provide CPR to save his life. 

We need to unite and fight together against this corrupt system and to also stop future deaths in custody.

From the day that the Kempsey police came to my grandmothers house to tell us of the devastating news that David Dungay Junior has been killed.

Days later I brought to my family’s attention that we would not receive any justice, as I have never seen a prison guard be criminally charged, found guilty and put in jail in regards to an aboriginal death in custody since the royal commission in 1991.

Upon the dressing and viewing of David‘s body 3 weeks after this tragic incident had taken place, I was exposed to lacerations to his face, a size 10 boot mark in-printed on his lower back and not to mentioned that his nose was basically flat to his face.

He didn’t look like my uncle!! He look like someone badly brutalised due to the unnecessary use of force applied by the Corrective Services IAT team

For the past five years I have March the streets of Sydney and Kempsey in a fight for justice for my uncle.

Many have seen the traumatic video released to the public although there is so much more footage that has not been released due to a non-publication order, issued by the courts. 

We have sat through the coronial inquiry and listen to the numerous amount of evidence final findings was:

Manner of death

David died whilst being restrained in the prone position by Corrective Services New South Wales officers. 
David’s long- standing poorly controlled type I diabetes
Hyperglycaemia
Prescription of antipsychotic medication with a propensity to prolong the QT interval
Elevated body mass index
Likely hypoxaemia caused by prone restraint, and extreme stress and agitation as a result of the use of force and restraint were all contributory factors to David’s death.


There was no recommendation out of the coronal inquiry to the Department of public prosecutions for criminal charges against Corrective Service New South Wales offices and/or justice health staff involved.

Due to the fact there was no recommendations for criminal accountability out of the Coronial inquiry, our family’s legal team

had engage a criminal barrister Philip Boulten SC and he believes that there is a bases to charge prison guards responsible for David Dungay Jnr's death with manslaughter and/or assault.

We are calling the attorney general to request the department of public prosecutions to investigate the incident on the 29th of December 2015 at Long Bay correctional facility at 2:42pm, Use of force was a contributing factor to the death of David Dungay Junior. We demand work safe NSW to also take back there second rejection and undertake an investigation as Davids death occurred in a workplace. 

We had our wonderful legal team request WorkSafe New South Wales to do an open investigation into the death of David Dungay not once but twice and they were both rejected. It states in their policies that they will investigate a finger being cut off in a workplace but they’re not willing to undertake an investigation for a human being that was held down and killed in a work place despite his cry’s for help.

Over the past year at protests attendees have signed a petition that we submitted with More than 100,000 signatures to the NSW Parliament demanding that the Department of public prosecution and WorkSafe New South Wales conduct an investigation into the death of David Dungay junior. 

I will continue to demand justice for a deceased man that can’t tell his side of the story, after all the evidence that has been provided, I believe there can and will be accountability for all involved and it will only be a matter of time before David Dungay gets the justice he deserves. 

It’s an over whelming experience to meet so many great people in my determination for justice and change in the Australian system and together if we unite to fight for the justice and the accountability will eventually arise. 

Almost 7 years on I haven’t taken a step back nor taken a step down from fighting for what’s right, when you see something that is so traumatic and you know that there can be accountability against individuals involved the determination becomes so real. 

My fight along side other families that have become and are victims of an aboriginal death in custody will not stop until all families receive accountability and answers, if there is no Justice there will never be any peace. 

I am determined to make change or not just my love ones from custody but yours was well and with your help we can both make this happen. 

( short statement of the announcement of the death on 29 December 2015)

The day was sunny it was 4 days after Christmas the 29th of December 2015 approximately 5pm to be exact. 


Three police officers attended my grandmother‘s house in Kempsey NSW looking for my mother, she wasn’t home at the time and I asked could I pass a message on they said no get her to call us when she is home. 


Mum shortly arrived home later I advise the police have attended and that she was to call them, a short time later mum called them two police Officers attended shortly later, we meet them at the gate and they asked if we wanted to sit down at this stage my mum knew it was going to be sad news so she repeatedly said just say it just tell me. 


They made the announcement that David Dungay Junior had died in Longbay correctional facility.


 Mum immediately broke down and ran inside crying, I was shocked and said your lying, this is a joke they replied no Paul we are not he has passed away. 


I broke down in disbelief as we was only planning to pick him up from that facility in a few weeks. 


My partner and I then had to drive approximately 3 minutes Down the road to break the news to David‘s older brother. 


I didn’t know how to tell him he’s Younger brother had passed away, I walked in crying he’s wife said what’s wrong?  I just said they killed him, uncle jnr is dead. he told me to shut up and don’t say that, so I grab him crying and said they killed him. 


We then went back to mum to call the number that police had provided to confirm with investigating officers from long bay jail. 


They had confirm his date of birth and full name. We was devastated. 


We then travelled approximately 45 minutes to notified David‘s mum of the tragic news you could imagine her reaction we sat and gathered our thoughts and returned back to Kempsey where the house was full of family members discussing the next steps and questioning what had happened. 


Days later I brought to my family’s attention that we would not receive any justice, as I have never seen a prison guard be criminally charged, found guilty and put in jail in regards to an aboriginal death in custody since the royal commission in 1991.


Upon the dressing and viewing of David‘s body 3 weeks after this tragic incident had taken place, I was exposed to lacerations to his face, a size 10 boot mark in-printed on his lower back and not to mentioned that his nose was basically flat to his face.


He didn’t look like my uncle!! He look like someone badly brutalised due to the unnecessary use of force applied by the Corrective Services IAT team.


A few Years later we went through the lawful process, we went through the courts and still David dungay Junior receives no accountability and our family is given no justice. 


For the past five years I have March the streets of Sydney and Kempsey in a fight for justice for my uncle.

Many have seen the traumatic video released to the public although there is so much more footage that has not been released due to a non-publication order, issued by the courts. 


Over the past year at protests attendees have signed a petition that we submitted with More than 100,000 signatures to the NSW Parliament demanding that the Department of public prosecution and WorkSafe New South Wales conduct an investigation into the death of David Dungay junior. 


our family’s legal team

had engage a criminal barrister Philip Boulten SC and he believes that there is a bases to charge prison guards responsible for David Dungay Jnr's death with manslaughter and/or assault.


We are calling the attorney general to request the department of public prosecutions to investigate the incident on the 29th of December 2015 at Long Bay correctional facility at 2:42pm.  


Use of force was a contributing factor to the death of David Dungay

Junior. 


They say previous medical conditions was also a contributing factor although David Dungay had live live with these for many years you take away the use of force and he would still be alive today. 


We demand work safe NSW to also take back there second rejection and undertake an investigation as Davids death occurred in a workplace. 


We demand an independent aboriginal body to investigate future aboriginal deaths in custody to reassure families that police are not investigating police in the early stages of providing the evidence to the colonial process. 


I believe The Department of public prosecutions should also do an independent investigation to reassure the families and the public that no criminal acts were committed by  government employed offices throughout the extent of the event that had occurred in relation to an aboriginal deaths in custody. 


What will a family have to do for theses people to be held accountable for a death in custody case ?


They can continue to blame systematic failures like they have for the past 30 years but justice simply means accountability the individuals involved in these events like a aboriginal deaths in custody yous cannot blame the system for killing an individual at the end of the day yes the system did kill them but the individuals that had their hands on our loved ones had taken their last breath of life away from them. 


JUSTICE FOR DAVID DUNGAY JNR 


JUSTICE FOR ALL ABORIGINAL DEATHS IN CUSTODY 


NO JUSTICE NO PEACE PROSECUTE THE ❤️POLICE 


THEY SAY ACCIDENT WE SAY MURDER ✊



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$1 would support the movement 






 

#TheySayAccidentWeSayMurder

#ToManyCoppersNotEnoughJustice

#JusticeTodayForDavidDungayjnr

Organizer

Paul Silva
Organizer
Haymarket, NSW

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