The Australian
written by Rick Morton
Monday October 8, 2012
BRAZILIAN tourist Roberto Laudisio Curti died in a "melee" involving 11 police officers, the discharge of 14 tasers, up to two and a half cans of capsicum spray and the use of significant force on March 18 this year, an inquest has heard on its first day.
NSW State Coroner Mary Jerram noted the official autopsy into the "fit and healthy" 21-year-old's death found no cause but said a cause may be established over the course of the two-week inquest at Glebe Coroner's Court.
The court was shown black and white footage from police taser cams, built with video cameras, as officers reached the final stage of their pursuit of Mr Curti.
A taser is fired, the Brazilian tourist drops to the ground and an officer can be heard yelling: "Stop resisting or you will be tasered again."
Mr Curti begins to struggle and another officer yells: "Stop f**king resisting!"
A woman officer radios base, informing them Mr Curti is "really violent" and "still going".
Mr Curti's sisters Ana and Fernanda Laudisio left the court when the footage was played.
The sisters and an uncle, who refer to Mr Curti affectionately by his nickname "Beto", were present during the opening remarks by the coroner's senior counsel, Jeremy Gormly.
His brother-in-law Michael Reynolds earlier told reporters the family hoped for justice.
"Roberto's death back in March was an incredible shock for all of us," he said.
"He was such a warm, decent human being who brought so much happiness to so many people in Brazil and Australia.
"We ask for the truth in how and why Roberto died."
The inquest heard Mr Curti had consumed about a third of a tab of acid, LSD, on March 17 this year, the night before he died.
Medical experts will give evidence that this was not the cause of his death but did contribute significantly to his "advanced and abnormal mental state" which led to his irrational fear that people were trying to kill him.
On the morning of his death, about 4.30am, Mr Curti phoned his sister who lives in Australia and asked her: "Why are you trying to kill me?"
Mr Curti stole two packets of biscuits of biscuits from a Sydney CBD convenience store before he was chased by police.
A series of events, including an initial triple-zero call being incorrectly categorised as an "armed robbery", led to Mr Curti being pursued by a large number of police, on duty for the weekend's St Patrick's Day celebrations.
The inquest will specifically examine the role tasers played in Mr Curti's death, particularly relating to NSW police standard operating procedures and whether they were followed correctly in relation to a person who was, at least at the time, mentally disturbed.
It will also investigate the degree of force used by police officers at the scene.
Senior counsel Jeremy Gormly described a melee in which a probationary constable fired a taser more than once at Mr Curti before he was felled by a later shot from another officer.
The same probationary constable later stunned Mr Curti while he was on the ground, and later handcuffed him, at the urging of other officers.
Mr Curti was, during this time, also sprayed with some of the contents from three capsicum spray cans.
"He displayed a high level of internal fear during his struggle," Mr Gormly said.
"It's difficult to imagine the localised pain [of the stun guns] would have subdued him."
No medical experts believe his death was coincidental, but the inquest will look at two theories: that he died of "positional asphyxia" due to police force, or as a result of possible cardiac interference from the tasers used.
The inquest heard Mr Curti was a talented soccer player who had completed a degree and was living with his sister in Sydney while he studied English.
"By all accounts, Roberto, known as Beto by his family, was an impressive and promising young man,'' Mr Gormly said.
"The death of Roberto is tragic for his family members, both those here in Australia and in Brazil.
"His death however has also caused concern and widespread comment here in Australia.
"It is a matter that raises questions of public importance.''
The inquest will hear evidence that during the police chase and ensuing struggle, "a total of 14 taser discharges'' were applied to Mr Curti.
"It is clear that many did not hit him or hit him in a way that was effective,'' Mr Gormly said. "Nevertheless, it is a very large number of uses which requires examination.''
Capsicum spray, handcuffs and a baton were also used to restrain Mr Curti after he fell to the ground from one of the taser discharges, the inquest heard.
At one point, two officers were drive-stunning, or putting a taser directly to Mr Curti's body, at the same time, Mr Gormly said.
After officers noticed he wasn't breathing, paramedics were called urgently, but they were unable to revive Mr Curti and he died at the scene at about 6.10am.
"Whether there is blame to be attributed in the cause of a death may be an important matter to find out, but this is not the jurisdiction where that is done,'' Mr Gormly said.
"This jurisdiction is not a disciplinary or criminal jurisdiction.''
Earlier, Ms Jerram expressed her condolences to Mr Curti's family, some of whom have travelled from Brazil for the inquest.
The Brazilian consul in Sydney, Andre Costa, is also at the hearing, which continues.
Today it will be presented with video and sound recordings from police cars, CCTV cameras and the tasers themselves.
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