IN THE CORONERS COURT OF VICTORIA AT MELBOURNE
Court Reference: 5853 / 2013
FINDING INTO DEATH WITH INQUEST
Form 37 Rule 60(1) Section 67 of the Coroners Act 2008
Inquest into the Death of: ROBERT THEODORE STEWART Delivered On: 21 March 2014
Delivered At: Coroners Court of Victoria Level 11, 222 Exhibition Street, Melbourne
Hearing Dates: 12 March 2014
Findings of: CORONER PHILLIP BYRNE
Police Coronial Support Unit Leading Senior Constable Tania Cristiano
I, PHILLIP BYRNE, Coroner, having investigated the death of ROBERT THEODORE STEWART
AND having held an inquest in relation to this death on 12 March 2014
at MELBOURNE
find that the identity of the deceased was ROBERT THEODORE STEWART born on 8 March 1954
and the death occurred on 19 December 2013
at St John’s Ward, Port Phillip Prison, 280 Palmers Road, Laverton North from:
1(a) Disseminated carcinoma
in the following circumstances:
- Mr Robert Stewart, 59 years of age at the time of his death, had been incarcerated in prison since 2008, serving a ten year sentence.
2s Mr Stewart was diagnosed with metastatic adenocarcinoma of unknown primary origin with metastasis to his brain, liver, spine, bones and auxiliary lymph nodes in January
- As a result he underwent three courses of chemotherapy at St Vincent’s Hospital in 2013.
3; Mr Stewart was transferred from Ararat prison in February 2013 due to his illness and had been housed in the St John’s Ward at Port Phillip prison since that date and had been diagnosed as for palliative care.
-
On 12 December 2013 Mr Stewart was transferred from St John’s Ward at Port Phillip prison to St Vincent’s Hospital as his condition had further deteriorated.
-
Following discussion with Mr Stewart’s niece and the health staff, Mr Stewart signed a Not For Resuscitation order and expressed a wish to be transferred back to St John’s Ward at Port Phillip prison as he did not want to die in hospital.
-
Mr Stewart was subsequently transferred back to Port Phillip prison where he received pain relief and supportive nursing care until his death.
ys On 19 December 2013 at approximately 9.42 pm a personal care assistant observed that Mr Stewart exhibited no signs of life and informed nursing staff. Nursing staff responded immediately and confirmed that Mr Stewart had no vital signs of life. Dr McLaren formally pronounced Mr Stewart deceased at 11.10 pm.
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As Mr Stewart was in custody at the time of his death the matter was referred to the Coroner. Upon coronial direction an external examination was carried out along with a post mortem CT scan by Senior Forensic Pathologist Dr Michael Burke. The CT scan showed massive ascites, left pleural effusion and left lung mass. There was a probable metastasis within the right occipital lobe of the brain.
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Dr Burke confirmed that a reasonable cause of death would be disseminated carcinoma.
10, Both the Office of Correctional Services Review and Justice Health have reviewed this matter and provided copies of their reports to the court. J have perused these reports and have no issue with the management of Mr Stewart during his time as a prisoner. I find that Mr Stewart died of natural causes.
I direct that a copy of this finding be provided to the following: Mr Beau Stewart
Mr Jonathan Kaplan, Office of Correctional Services Review Mrs Melanie Kyezor, St Vincent’s Health
Senior Constable R McHutchinson, Werribee Police Station
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2 PHILLIP RNE CORONE!
Date: 21 March 2014