Warning: Readers are advised that this case study contains the name of and details about a person who has passed away.
Inquest into the death of Wayne Thomas Kerle
- Court / Tribunal
Coroners Court
- Date of decision
26 June 2026
- Type of proceeding
Coronial inquest
- Human Rights Act sections
9 (meaning of public entity)
Summary
The Commission intervened in this matter by way of written submissions only.
The inquest concerned a death in police custody. While Wayne’s cause of death remained unascertained at the inquest, positional asphyxia, where someone is unable to adequately breathe, could not be excluded as a potential contributor to Wayne’s passing away. In those circumstances, the coroner found that Wayne’s pre-existing medical conditions, as well as the physical and mental stress experienced by him during his restraint by police, all contributed to his passing.
Like in Tafaifa, the State Deputy Coroner found that the Human Rights Act is not relevant to inquest findings. However, to prevent deaths from happening in similar circumstances in the future, the coroner made recommendations to Queensland Police Service. These included the continuation of post arrest care training to police officers and to pursue amendments to prisoner observation forms allowing for paramedic information and recommendations to be recorded.