Inquest into the death of Gregory Merriman

Case Number: 2022/00391153

Date of Findings: 6 March 2026

Magistrate: Deputy State Coroner, Magistrate Harriet Grahame

Catchwords: CORONIAL LAW – mandatory inquest – death of a First Nations man in custody – use of force event in response to other inmates fighting in a POD – deployment of chemical agent Orthochlorobenzalmalononitrile (CS gas) – was the deployment a reasonably necessary use of force – whether a reasonable and adequate process was undertaken to subsequently check inmates’ welfare – compliance with policies and procedures – appropriateness of cell placement and whether a chronic disease screen should have been performed during final period of custody – recommendation 

Responses

Recommendations

To the Commissioner for the Corrective Services NSW (CSNSW):

1. CSNSW to consider amending Custodial Operations Policy and Procedures 13.7 – Use of Force, to include further instructions on action to be taken by correctional officers following the deployment of chemical munitions, including:
2. a) identifying inmates who are affected by gas or are otherwise in need of medical attention,
3. b) contact required with Justice Health staff,
4. c) first aid and personal decontamination, and
5. d) decontamination of areas affected by chemical munitions.