Family of inmate killed in Mt Eden Prison cell demand answers from Corrections - Francis Chan Chui’s emotional graveside plea

The brother of the Mt Eden Corrections Facility inmate who died in a jail cell killing says he doesn’t want revenge or retribution - just answers as to how and why Andrew Chan Chui was taken out of prison in a coffin.

Andrew Chan Chui was buried in Mangere Lawn Cemetery on Tuesday after he died in the cell 11 days earlier.

At the graveside of his brother, Francis Chan Chui called for calm among the whānau and said seeking revenge would not bring his brother back.

“Andrew’s burial was a celebration of Andrew’s life and not the way he died or where he died,” Francis told the Herald.

“We laughed and we cried and we remembered Andrew the best way possible. I loved my older brother and I miss him dearly.”

Mt Eden Prison Remand victim Andrew Chan Chui (inset) with Dr Emmy Rākete and his brother Francis Chan Chui at a candlelight vigil outside the prison where he died.

On September 27, police were called to the Mt Eden jail, where Andrew Chan Chui had been remanded in custody for breaching home detention.

There, police found the father-of five dead. His cellmate, a 23-year-old, has been charged with Chan Chui’s murder and remanded in custody.

The Chan Chui family say they have not heard from Corrections about why Andrew Chan Chui, who had years of mental health issues and was receiving treatment, was placed in a double-bunked cell.

Andrew Chan Chui's tangi was a celebration of his life. Photo / Supplied.

Acting general manager of Mt Eden Corrections Facility Dion Paki told the Herald his staff have met with Andrew Chan Chui’s family since his death.

“We have expressed our condolences and provided information on support services.”

Andrew Chan Chui was a regular stall holder selling T-shirts at the Otara Markets.

But Francis said they don’t want Corrections condolences, they want to know how and why Chan Chui ended up leaving the Mt Eden prison in a coffin.

“Andrew should never have been remanded to Mt Eden prison and should never have come out of there in a coffin,” Francis said.

“He was no saint but he wasn’t a bad person.

“Andrew was remanded in custody because we couldn’t find him a suitable bail address. Andrew had breached his protection conditions, and we were hoping a different bail address would be okay.

“My mum was crying at the prison office asking if they could help find him a suitable bail address.”

Francis said the family had two places available but both were considered unsuitable.

“I will never forget seeing my mum crying, pleading and begging for someone to help, but rules are rules and that cost my brother his life. What a waste.”

Andrew Chan Chui with his wife and children. Photo / Supplied

That was the last time they saw Chan Chui alive and his mum’s final words to prison officials was “look after my boy”.

“They said to mum, ‘We’ll keep him safe’, Francis said.

“Nine days later I got a knock on the door no one should ever receive from detectives and was told my brother had been killed in prison.

“Mum was in Samoa and I had to ring and tell her ‘I’ve got some bad news. Andrew has been killed in prison.’

Francis said he can’t remember the rest of the day.

“At first we were angered by Andrew’s death and thought revenge, but as the days have gone on, we forgave the person responsible because staying angry will not bring my brother back.

“But watching my mum bury her son is not something I would wish on anyone. It was heartbreaking for all of us.

“She is heading back to Samoa later this week and has to carry all that hurt.”

Andrew Chan Chui was charged in 2021 with performing an indecent act on a young person and sentenced to home detention on August 13 this year.

His lawyer, Harvena-Ata Cherrington, said the home detention sentence demonstrated the court’s view that the offending was right at the lower end of scale, while also acknowledging Andrew Chan Chui’s mental health issues.

She said the sentence of home detention also meant her client was not required to be registered on the sex offenders list.

On August 15, Andrew Chan Chui was back in prison for breaching home detention. On September 27, he was dead.

Last Saturday outside Mt Eden prison, around 80 people, including members of the Chan Chui whānau, attended a candle-lit vigil. Eight Corrections officers in full kit blocked the main entrance and watched over the vigil.

“I just want to thank the community. It is hard for us as a family because we are still in shock,” Francis told the crowd.

“We appreciate everyone who turned up. I wasn’t going to come to be honest.

Francis Chan Chui with another whānau member on Saturday night outside Mt Eden Corrections Facility. Photo / Supplied

“We are not here to burn any bridges with anyone but just like to say thanks to everyone in the community and police as they are the ones who came to inform us,” Francis said.

“It’s sad that my brother leaves five kids behind. It’s not easy for our whānau.

“The only way I can honour my brother is for the system to change.”

He said the Chan Chui family wants Corrections to front up.

“It is sad they [Corrections] still haven’t contacted us. But to the staff when we came to pick up my brother’s belongings, thank you.”

Dr Emmy Rākete.

Criminologist Dr Emmy Rākete, spokeswoman for People Against Prisons Aotearoa who organised the vigil, accused Corrections of playing smoke and mirrors.

“No one from the prison management or the acting prison manager has made contact with the Chan Chui whānau to explain what happened and that is typical of the way Corrections manages fallout.

“The whānau don’t know what happened and they deserve to know what happened.

“No one deserves to be abandoned to their deaths in a double-bunked prison cell.”

Around 80 people attended a candle-lit vigil at the Mt Eden prison last Saturday. Photo / Supplied

Rākate said the Chan Chui whānau were worried about Chan Chui’s mental health.

“We know incarcerated people need to be held accountable for their choices but in this country, it’s hard to find anyone in prison who doesn’t have a history of mental illness and addiction,” Rākete said.

“None of that history is being dealt with as we warehouse people in these misery factories.

“The family had concerns about Andrew’s mental wellbeing and he was the second person to die in Mt Eden this year.”

She said in her opinion, the deaths suggested “Corrections being unwilling to ensure the safety of the lives in their care”.

Andrew Chan Chui on his wedding day. Photo / Supplied

Corrections Deputy Commissioner of Men’s Prisons David Pattison said that, alongside the police investigation, Corrections would carry out its own internal inquiry and ensure all evidence was provided to the police.

He confirmed Chan Chui was in a double-bunked cell.

“The second prisoner who was residing in the cell has been secured in a single cell while these investigations are ongoing.

“We would like to express our sincere condolences to everyone impacted at this difficult time.

“We acknowledge this will be distressing for staff and other prisoners in the unit and we are providing people with support, including access to chaplains and cultural support where requested.

“All deaths in custody are referred to the coroner for investigation and determination of cause of death.

“An investigation by the independent Corrections Inspectorate will also be carried out.”

Citing privacy reasons, Corrections also refused to discuss what inmate care plans - if any - were in place for Andrew Chan Chui or his cellmate, or why they were double-bunked together in the first place.

“Making the information available would likely prejudice the maintenance of the law, including the prevention, investigation, and detection of offences, and the right to a fair trial,” a spokesperson said.

Joseph Los’e is an award winning journalist and joined NZME in 2022 as Kaupapa Māori Editor. Los’e was a chief reporter, news director at the Sunday News newspaper covering crime, justice and sport. He was also editor of the NZ Truth and prior to joining NZME worked for Urban Māori organisation Whānau Waipareira.