Warning: Aboriginal and Torres Strait Islander readers are advised the following article includes the name and image of an Aboriginal person who has died. His family have given media permission to use his name and publish the approved image.
An inquest into the death in custody of Aboriginal man Gregory Merriman, who died alone in his cell in 2022, will begin next week in the NSW State Coroner's Court.
Mr Merriman, 58, died on December 27, 2022, at the Metropolitan Remand and Reception Centre (MRRC) in Silverwater from a suspected myocardial infarction. It is understood the heart attack occurred after prison officers deployed OC spray in his wing to break up a fight he was not involved in.
A son, father, grandfather, brother and uncle, Mr Merriman was born on Gadigal land and proud of his Yuin ancestry, holding a deep connection to the 29 tribes of the Eora Nation. He was removed from his family under the now-repealed Aborigines Protection Act — a policy which created tens of thousands of members of the Stolen Generations. He and his siblings spent much of their childhood in the out-of-home care system.
His brother, Uncle Mark Merriman, remembered him as a "larrikin and a kind man" who was a talented artist and had a passion for cars and motorbikes.
"We both went through the homes, we were both survivors of institutional abuse and we both ended up in jail," Uncle Mark said.
"But I got myself out, and Greg was still stuck in that revolving door. I don't want youth to go down the path Greg or I did because in this system, the consequences could be death."
The inquest, to be overseen by Deputy State Coroner Harriet Grahame, will examine whether Mr Merriman's medical conditions were properly managed, whether the use of OC spray followed protocol, and if his cell placement was appropriate.
The Aboriginal Legal Service (ALS) NSW/ACT — representing his daughter Shannon Merriman — said the inquest is also expected to investigate whether proper welfare checks were carried out after the use of OC spray, and which factors may have contributed to his death.
"Dad always wanted a house up the coast with a granny flat out the back. He only ever wanted to be around the grandkids and family. He spoiled the kids rotten, and he'd give you the shirt from his back," Ms Merriman said.
"I just want the justice system to change so other families don't have to go through what we are going through."
ALS Coronial and Trial Advocate Emma Parker said the family have waited more than 30 months for the inquest and want accountability.
"There are serious questions to be answered about the care and urgency of those responsible for checking on inmates' welfare, particularly inmates who are Aboriginal, older and of ill health," she said.
"Greg's family will forever be left wondering if the welfare checks were performed sooner, or if Greg had a cellmate who could have called out for help, would there have been a different outcome for him on that day."
Mr Merriman is one of at least 609 Aboriginal and Torres Strait Islander people who have died in custody or police incidents since the Royal Commission into Aboriginal Deaths in Custody. At least 24 Indigenous people have died in custody so far in 2025.
No one has ever been found criminally responsible for any of these deaths.
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