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A family’s fight for answers after son died at Mt Eden Prison

Tuesday, 20 February 2024

Caleb Moefaauo was 26 when he died in the Auckland prison.
Caleb Moefaauo was 26 when he died in the Auckland prison.

Caleb Moefaauo’s family want answers but they also want change.

It’s been nearly two years since the 26-year-old died at Auckland’s Mt Eden prison 20 minutes after being pepper sprayed.

With still no date set for an inquest, the family are left with unanswered questions about why Moefaauo was placed in the corrections facility despite his mental health issues.

Body camera footage from when Caleb Moefa'auo was pepper sprayed in Mt Eden prison for refusing to give back towels after a shower.

“We would also like our experience of the woeful holes in the care of those with mental health diseases to be reviewed and the system improved,” a family member told Stuff.

In the years before Moefaauo died, his family said they were let down by the mental health and justice systems and then corrections.

“At every point (Moefaauo’s mother) turned for help nobody would take action…it’s despairing.”

Last month, the prison officer charged with assaulting Moefaauo with pepper-spray, who has been granted permanent suppression, was found not guilty by a jury. That jury didn’t know Moefaauo had died 20 minutes after being pepper sprayed as it had been deemed too prejudicial.

Stuff understands attempts were made to decontaminate Moefaauo, before he was taken to his cell and officers placed him on his stomach and uncuffed him in a tactical exit.

Caleb Moefaauo was looking forward to seeing his family before he died.
Caleb Moefaauo was looking forward to seeing his family before he died.

However, officers noticed he wasn’t breathing and was unable to be revived.

No-one has been charged in relation to Moefaauo’s death.

Moefaauo was a gentle giant, cheeky, funny and caring, his family member said.

He’d been diagnosed with schizoaffective disorder at 19. Schizoaffective disorder is a mental health condition where people experience a combination of schizophrenia symptoms and mood disorder symptoms.

His heartbreaking struggle with his mental illness led to his premature death, his family believe.

The CCTV footage shows the moments leading up to and after Caleb Moefa'auo was pepper sprayed inside Mt Eden Corrections Facility.

“Caleb did suffer. Everyday fighting for his well-being and sense of self.”

Moefaauo’s family member says the cause of death on the death certificate states “associated with cardiomegaly”. The post-mortem record shows Moefaauo died of a prone restraint cardiac arrest associated with cardiomegaly.

No-one knew Moefaauo had an enlarged heart.

In December 2021, Moefaauo had been staying at Tiaho Mai, a residential unit supporting people with mental health issues. That was until the 22nd. He appeared at the Manukau District Court after alleged assaults at Tiaho Mai.

“A big part of Caleb’s story is his and his family’s frustrating and fruitless journey through the mental health system, including his struggle to get the right medication, which lead to Caleb being, in our view, wrongly placed with corrections in Mt Eden.”

Stuff understands a letter was written recommending Moefaauo to be moved to a secure mental health facility instead of being remanded at Mt Eden Corrections Facility.

During his stay at Mt Eden, Moefaauo’s mother repeatedly tried to get her son released to a specialised mental health facility. She could tell he wasn’t taking his medication.

“In the days before his death Caleb was so excited to be finally getting out of there, he was excited to be able to celebrate his dads birthday outside of those walls,” Caleb’s family member said.

On the evening of April 4, Moefaauo was moved to the Intervention and Support Unit (ISU), set up for prisoners with high mental health needs, as he was exhibiting signs of self harm.

Then on the morning of April 5, Moefaauo was let out of his cell, wearing only a gown to have a shower.

He was handed two towels, wrapped one around his waist while the other was used to dry himself. As he stepped out of the shower, he indicated to a prison officer there was still a part of his cell that wasn’t clean.

While he waited for the cell to be cleaned, he walked over to a trolley of clean towels and picked up two, drying his hair with one.

“One of Caleb’s little idiosyncrasies was he hated being unclothed,” Moefaauo’s family member said.

During the trial, CCTV and body camera footage played these moments out to the jury.

ISU prisoners aren’t allowed to take towels or other items into their cells for safety reasons, however the inmate was outside his cell at this point.

The corrections officer, who was acquitted, told Moefaauo to hand back the towels, he refused and began walking back passively.

The officer yelled repeatedly for Moefaauo to give the towels back and issued him with an order warning if he didn’t comply he would be pepper sprayed.

The corrections officer told the jury he used pepper spray because he feared for his and the safety of others.

An internal report into the incident found the corrections officer should not have used the pepper spray on Moefaauo.

Stuff requested a copy of that investigation, however Corrections treated it under the Official Information Act and then declined to release it so as not to “prejudice the maintenance of the law“ given an inquest is yet to take place.

For Moefaauo’s family, the not guilty verdict was disappointing, as it again leaves them with more questions.

“All we have now is a hope that there will be a coronial inquiry…we feel so many things went wrong, not just in corrections, that needs to be addressed.”

At trial, the corrections officers who gave evidence all spoke about receiving no specialised training on dealing with those with mental health issues.

“Prison officers have a tough job. We want nothing but support for what they do…I’m not sure whether their training is insufficient,” Moefaauo’s family member said.

“At the very least we want pepper spray regulated in Corrections…we want accountability of Corrections management.”

The wait for answers for Moefaauo’s family continues.