Calls for Coronial Inquest into Logan police officer’s death caused by toxic cancer-causing mould

Senior Constable Justin Darney was just 38 years old when he was diagnosed with a rare and terminal from of pancreatic cancer following 11 years of exposure to carcinogenic toxic mould at Logan Central Police Station.

Justin’s wife Shari Freer-Darney is calling for a Coronial Inquest into his death, to address Queensland Police Service’s inaction to remove the toxic substance and prevent other workers from the same dangerous and unnecessary exposures and health risks. His family and Slater and Gordon Lawyers is calling for strong national legislation regarding the identification, remediation and reporting of mould and mycotoxins in workplaces and businesses.

The Logan man passed away in January this year as a result of the mould and mycotoxin exposure between 2009 and May 2020, making his death the first Queensland workplace death arising from mycotoxin mould.

Mould was visible throughout the hallways, furniture, the kitchen, walls and ceiling at the station.

In 2022, medical specialists confirmed the exposure to mould, particularly cladosporium in Justin’s workplace, was likely to have resulted in mycotoxicosis (toxic metabolites produced by fungi) in the patient's body and inflammation which is known to be a significant factor in cancer production.

The submission from Ms Freer-Darney and Slater and Gordon Lawyers states prolonged high levels of exposure to mould and mycotoxins, ultimately resulted in his death from an exceedingly rare form of pancreatic cancer. Ms Freer-Darney said her husband’s death had not been recognised as occurring while on duty, meaning he had not been commemorated alongside his fallen colleagues at the Brisbane Botanical Gardens or National Police Memorial.

“It’s important he be honoured in this way to receive his service medals, in particular his 15 year service medal to pass onto our two children – Eliza, aged eight and Oskar, aged four. Justin never should have died. His death needs to be put in the spotlight to prevent other similar deaths from occurring from workplaces like hospitals and police stations where mould has been an ongoing problem and has not been dealt with,” Ms Freer-Darney said.

“Justin reported the mould problem at the Logan Station back in 2013 saying it had been a problem since about late 2009. Justin recalled physically getting mould on his clothing from sitting at his desk and being told to paint over visible mould in the Logan Station while on shift. QPS should have moved staff into another building long before it became out of hand and was so visible. They should have done something to fix it.”

Mr Darney was suffering from fatigue and visible yellowing of his skin and eyes when he attended his GP in May 2020, and was admitted to hospital where he was diagnosed with diagnosed with poorly differentiated neuroendocrine carcinoma large cell type with liver and splenic metastasis (pancreatic cancer). He underwent extensive chemotherapy and immunotherapy treatment, and continued to work for the QPS until he passed away. Mr Darney underwent a test for mycotoxin-related antibodies in October 2021, which showed elevated IgG antibodies to numerous mycotoxins.

Slater and Gordon Senior Associate Sean Sweeney, who is providing legal support to Ms Freer-Darney, said the exposure and failure on behalf of QPS to provide a safe workplace and remove dangerous levels of mould or provide an alternative workplace, highlighted significant health risks for other police officers, workplaces and the public generally. Mr Darney’s death could be the first death ever recorded from occupational mould and mycotoxin exposure, he said.

“Justin’s death occurred as a result of police operations and he was exposed to mould for more than a decade at work. If mould is found in the home, the advice is to remove it at once, or to remove yourself to protect your health. If it’s your workplace, you do not have a choice as you have to go to work and your employer must do something about it. The QPS failed to protect Justin and other staff by letting this harmful exposure to a toxic and life-threatening substance continue for so long,” Mr Sweeney said.

“The inquest needs to occur out of respect for Senior Constable Darney’s life, his dedicated service and his family, as well as to ensure that toxic mould is prevented from harming more workers in future. Recommendations to come out of an inquest could ensure appropriate mould and mycotoxin remediation work is undertaken and reported at police stations and potentially other workplaces throughout Queensland. Mould and mycotoxins exposure is also a widespread problem that has not been appropriately addressed through Workplace Health and Safety legislation historically. Mould is affecting workplaces all over Australia, especially after flooding in recent years. Justin’s death is in the public interest, just as inquests into six other Queensland police officers who’ve died on the job have been in recent years. We need to ensure that adequate precautions are taken to reduce mould-related cancer and deaths in the future.”

Ms Freer-Darney said she wanted to acknowledge the love and support her family received from QPS and wants to prevent other families experiencing the heartache she has endured.

“Justin had a great amount of love and respect for his colleagues. I want people to know that this can happen to anyone. Justin was young, healthy and didn't smoke or drink. His death was slow and cruel. I watched him choke on his own blood as the cancer invaded his organs before he fell into a coma one day before he passed away,” she said.

The research cited in the inquest submission reveals that fungi, whether ingested in foods or inhaled from the environment, readily metabolise to mycotoxins which cause severe negative outcomes including cancers in humans. Airborne concentrations have the potential to be much higher indoors, when compared to mould or fungi exposure outdoors.

The Coroner has six months to respond to the submission requesting an inquest into Justin’s preventable death.