Fishing trip plan results in assault and death

A CORONIAL inquest has been told two 000 calls recorded a man pleading with those who had him pinned face-first on the ground during a citizen's arrest to be let go as he could not breathe.

One of the recordings also captured one of the four men who had Amit Kumar, 34, pinned to the ground in a Mooloolaba car park saying it was not his problem he could not breathe.

The Brisbane Magistrates Court was told Mr Kumar died on September 23, 2012, after saying goodbye to his wife and setting off to go on a fishing expedition aboard a Sunshine Coast charter boat.

It would be the last time Reshmi Kumar would see her husband alive.

The court was told Mr Kumar, who was described as a fishing fanatic, had booked a trip with Offshore Reef and Game Fishing at Mooloolaba and had paid $190 before being refused access to the vessel.

Counsel assisting Peter De Waard told the court an employee believed Mr Kumar was a person who had previously booked a fishing trip only to cancel at the last minute.

He said that person had given false credit card details over the phone and the charter business was out of pocket due to its cancellation policy.

Mr De Waard said an argument broke out after Mr Kumar was refused access to the vessel and he then allegedly punched the female employee in the face before walking back to his vehicle.

He said four people followed Mr Kumar and it is alleged he assaulted another charter boat employee before being overpowered and pinned face-first to the ground.

Mr De Waard said the charter boat employee, who was allegedly assaulted, then went and got some zip ties so they could tie Mr Kumar's hands and wrists until police arrived.

A short time later, Mr Kumar lost consciousness and his captors, including a doctor, started performing CPR on him until police and the ambulance arrived at 5.46am, six minutes after the call was first logged.

Mr De Waard said emergency services performed CPR on Mr Kumar for about 45 minutes but their efforts were in vein and he was pronounced dead at 6.28am.

Sunshine Coast CIB lead investigator Detective Sergeant Kim Cavell told the inquest Mr Kumar's death had always been treated as a potential murder investigation.

But she said there was not enough evidence to warrant criminal charges being laid against those who performed the citizen's arrest.

"Mr Kumar was exhibiting signs of violent behaviour and they were having trouble restraining him," she said.

"They gave him the opportunity to settle down, but they did not want to let him up because he was being violent and they were fearful they would be assaulted as well.

"In my opinion, I believe it was a legal restraint."

The inquest is expected to last three days and will hear from eight witnesses, including those who pinned Mr Kumar to the ground.


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