Inquest into the death of Nathan Macri

CORONERS COURT OF NEW SOUTH WALES Inquest: Into the death of Nathan Macri File number: 2018/305251 Hearing dates: 9 -11 February 2021 Date of findings: 5 March 2021 Place of findings: Coroners Court, Lidcombe Findings of: Deputy State Coroner E.Truscott Catchwords: Coronial Law-Cause and manner of death- intoxication- gap on a railway station platform -death in the course of a police operationpositional asphyxiation and injuries Representation: Counsel Assisting: Ms R Mathur Instructed by Ms L Nash of Crown Solicitor's Office NSW Police Force: Mr R Coffey Instructed by Ms J Francis of the Office of General Counsel !Ambulance NSW: Mr P Rooney Instructed by Mr M Renwick of McCabe and Curwood, Sydney Sydney Trains: Ms W Thompson Instructed by Ms L. Constantine of Ashurst Lawyers Marrickville Bowling Club: Mr M Valentin Instructed by Mr P Tsintilas Dr E Tong: Mr S Titmarsh of BRRT Findings: Identity Nathan Macri Date of Death 5 October 2018 Place of Death Sydenham Railway Station Cause of death Combined effects of positional

asphyxiation and multiple injuries Manner of death Whilst intoxicated Mr Macri accidentally collided with the side of a carriage of an incoming train which resulted in him becoming injured and unconscious. When the train stopped, he wa� wedged between the train and the station platform and remained there until extricated by emergency responders by which time he had died due to his injuries and an inability to breathe effective!� due to his position.

Non-Publication Orders Pursuant to s. 74( 1) (b) of the Coroners Act 2009, there shall be no publication of Exhibit 2 and Exhibit 3 being CCTV footage obtained and Non-Access orders of the incident.

Further there shall be no access to any person unless otherwise specifically ordered by a coroner under s 65 of the Act.

NSW Police Force material The Court notes that a marked bundle has been prepared for use in �hese proceedings.

1. Pursuant to s. 74(1 )(b) of the Coroners Act 2009, there shall be no publication, in connection with these proceedings, of the information marked in pink in the following documents, including of any oral evidence or submissions which may contain that information: a. NSW Police Force Alcohol and Licensing Enforcement Command -Licensing Handbook (at tab 71 of the Coronial Brief of Evidence); and b. NSW Police Force Incident & Emergency Standard Operating Procedures, version 3.0 (at tab 88 of the Coronial Brief of Evidence) (collectively, "the Confidential Information").

2. Pursuant to s. 74(1) (b) of the Coroners Act 2009, there shall be no publication of Exhibit 6.

3. Should an application be made pursuant to s. 65 of the Coroners Act 2009 seeking access to any of the Confidential Information, or documents containing information derived from the Confidential Information, on the Coroner's file, or Exhibit 6, the Commissioner is to be notified of the application and provided not less than 48 hours �o inform the Court as to whether the Commissioner wishes to be heard on the application.

NSW Ambulance 1. Pursuant to s. 74 (1) (b) of the Coroners Act 2009, there shall be no publication of the material contained at tab 99 of Exhibit 1.

IN THE CORONERS COURT LIDCOMBE NSW Section 81 Coroners Act 2009

REASONS FOR DECISION Introduction

1. Nathan Macri, aged 37, died on 5 October 2018 at Sydenham railway station when shortly after 11 pm he accidentally collided with the side of carriage of an incoming train. He was intoxicated after having spent a night out with friends watching a band.

2. Mr Macri was the loved son of Albert and Janice. He had an elder brother Matthew and younger twin sisters Julia and Jessica. Mr Macri was married to Sheetal and together they had a son, who was eight months old at the time of Mr Macri's death. Like his father, Mr Macri was a solicitor. He loved music and played guitar in a band, he had close and loving relationships with his family and numerous friends. Matthew said that Mr Macri had an infectious enthusiasm for life and was passionate about so many things. He lived every day as though it was a grand adventure. At the inquest, Mr Macri's family generously shared a video which captured the essence of who Mr Macri was. His fun night out ended in a very tragic accident. He will be forever missed.

Outline of Circumstances of Incident and Cause of Death

3. Mr Macri had been with friends watching a band at the Marrickville Bowling Club.

After leaving Marrickville Bowling Club, he and his close friend, Daniel walked to Sydenham Station in order to travel home. His other friends were going to follow and meet them on the platform before travelling together on the train.

4. Whilst on the station platform, Mr Macri accidentally collided with the side of an incoming train. It was 23:06:28. The collision caused his legs to fall down the gap