Daily Reporting: Jeffrey Winmar inquest, Day 4, April 2nd, 2026

Disclaimer: Aboriginal and Torres Strait Islander readers please be advised this article mentions the name of an Aboriginal person who has died in custody. This article also mentions acts of violence. Accounts and names have been published with permission given to the author from the family.

Day 4 – 2nd April

On the fourth day of inquest into the death of 28-year-old Noongar man Jeffrey Winmar, Detective Leading Senior Constable Paul Silvy and Detective Acting Sergeant Paul Bartlet are called to give evidence. 

Both Silvy and Barlet object to giving evidence on the basis of self-incrimination. Prior to commencing their evidence, they are both granted certificates of privilege by the Coroner. These certificates will protect them from any civil penalties, including police disciplinary hearings, that could stem from this coronial inquiry. 

Yesterday, we learnt that Senior Constable Sylvie was one of the VicPol officers who cancelled the initial call for an ambulance. 

After he is sworn in, Counsel Assisting asks Detective Leading Senior Constable Paul Silvy to recite and affirm his statement. While reciting his statement, we learn that after Jeffrey is seated down on the footpath outside of the address where he was arrested, Jeffrey expressed to Silvy “I can’t breathe”. 

Silvy’s statement continues:

“Not long after, I observed Jeffrey stop responding. I heard members trying to rouse him saying, ‘Jeffrey, Jeffrey’. I checked him and confirmed his breathing had stopped. I immediately got a member to remove Jeffrey’s handcuffs and I commenced CPR compressions.”

Silvy gives evidence that he first sighted Jeffrey under the tree after Jeffrey had been arrested by First Constable Thomas Danyi. A number of VicPol Officers involved in this arrest have given evidence in this inquest that they believe Jeffrey was unconscious in the moments following this arrest. 

Counsel Assting: Do you recall having any discussions with the police members that had Jeffrey in custody?

Silvy: No, sorry, I can’t recall.

Counsel Assting: You don’t recall whether you asked them anything in relation to Jeffrey’s condition?

Silvy:  No, I didn’t ask, I just went off my observations at that point. 

It is put to Silvy that he can be heard over the police radio transmission cancelling the ambulance called by Senior Constable Rollo:

“Yeah, male’s in custody, nil issues, he’s talking, he’s responsive”.
“Roger that, would you still like ambulance?”
“Negative?”

After this transmission is read back to Silvy, he gives evidence that he made the decision to cancel the ambulance based on his own physical observation of Jeffrey. Silvy accepts that he made this decision without being fully informed of Jeffrey’s condition. 

Silvy is asked about his role in escorting Jeffrey from the backyard to the footpath in front of the property where he was arrested. 

Counsel Assisting: Jeffrey had his hands behind his back?

Silvy: Yes. 

Counsel Assisting: And you were holding one of those wrists?

Silvy: I believe so. 

Counsel Assisting: Do you recall [Jeffrey] stumbling or anything?

Silvy: No, I don’t, sorry.

Counsel Assisting: You don’t? Because we see on the drone footage that Jeffrey at one stage stumbles and appears to go down onto at least one of his knees. You don’t recall that at the time? 

Silvy: No, I don’t. 

Later it is put to Silvy that the drone footage shows him using his knee to push Jeffrey back up when he stumbles. 

Ms Wong: Would you accept that if that is what is depicted in the drone footage then that is what you did?

Silvy: If it’s depicted on drone footage, yes certainly. 

We learn that Silvy became the officer responsible for monitoring and observing Jeffrey after Jeffrey had been escorted to the footpath. 

Counsel Assisting: Do you recall what you were talking about?

Silvy: As I said, I recall it came to a stage where he’d said he can’t breathe, and I popped him into the recovery position. 

Counsel Assisting: Now, when he said, ‘I can’t breathe’?

Silvy: M’mm.

Counsel Assisting: Now, Jeffrey at that time was still handcuffed?

Silvy: Yes. 

Counsel Assisting: Was any consideration given to removing the handcuffs?

Silvy: No, not at that stage. 

Counsel Assisting: Had you formed the opinion as to whether the handcuffing was affecting his breathing?

Silvy: It wasn’t.

Counsel Assisting: Had you formed any view in relation to the medical care that Jeffrey required?

Silvy: No. 

Counsel Assisting: Did you make a specific request to any members to request an ambulance? 

Silvy: No. 

It is later put to Silvy by My Cameron, Counsel Acting on behalf of Jeffrey’s Dad, that he should have removed the handcuffs when Jeffrey expressed that he was having trouble breathing. To this Silvy replies:
“At that point, he’d shown his propensity to avoid apprehension. So taking the handcuffs was never something that crossed my mind. But when he was unresponsive, they didn’t need to be there. My focus was trying to save him.” 

***

After lunch, Detective Acting Sergeant Paul Bartlett is called as a witness. We learn that Bartlett cancelled an additional request for an ambulance. 

Counsel Assisting: So your counsel will interrupt me if I’m doing this unfairly, but it appears on the sequence of events, looking at it now that there was a call for an ambulance which was within about 30 seconds was cancelled by your colleague Leading Senior Constable Silvy?

Bartlett: Right, yep. 

Counsel Assisting: 10 seconds after that it was called for again by one of the Croydon members?

Bartlett: Okay. 

Counsel Assisting: Two minutes later it was cancelled by you?

Bartlett: Okay.

We learn that a transmission over the police radio requesting an ambulance can be heard in the body worm camera footage.  

Counsel Assisting: So it appears from my review of the footage, recognising that the footage is not a complete record, that by the time you made this transmission you weren’t with Jeffrey, you were out on the street, do you agree with that?

Bartlett: I can’t remember where I was when I said that. 

Counsel Assisting: And what you’re recorded as saying is, “I think he’s just playing a bit of possum”?

Bartlett: Yeah. 

Counsel Assisting: Now, I think I know, but what do you mean by that?

Bartlett: I thought he was still trying to, not get away from us, but making a reason not to go back  to a police station. 

Counsel Assisting: You thought he was putting it on?

Bartlett: Yes. 

It is put to Bartlett that it would have been more appropriate to give a person who is in police custody the benefit of the doubt, and call an ambulance for a medical assessment. To this Barlett replies:
“I’ve probably arrested 100 people who played possum.” 

Bartlett is later questioned about how many of the hundreds of people that he claims have faked being unwell were Aboriginal. 

Mr Cameron:…Tell me of the hundred how many that you say have faked were Aboriginal?  

Bartlett: Um I don’t remember how many…there were a few, I don’t know.

Mr Cameron: Do you accept the fact [Jeffrey] was Aboriginal and known to you as a drug user played a part in the assumptions that you made [which resulted in you cancelling that ambulance]?

Bartlett: Not at all. 

The inquest into the death in custody of Noongar man Jeffrey Winmar will run from 30 March until 10 April. 

Please join us in supporting his family by attending the Victorian Coroner’s Court at 10am each day.