The police officer who found Rebecca Lyn Maher walking near traffic on Wollombi Road in the hours before she died has been questioned over the extent to which the 36-year-old was searched and why she was taken to a Hunter police station.
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Sergeant Nathan Brooks appeared as a witness on Wednesday in the inquest into the Wiradjuri woman's death from mixed drug toxicity in a Maitland police station cell in the early hours of July 19, 2016.
The court heard Sgt Brooks was on patrol alone when he found Ms Maher "in the middle of the [Wollombi] road".
Sgt Brooks said he spent 20 to 30 minutes talking to Ms Maher and a companion - who cannot be identified - to ascertain where they lived, what they were doing in Cessnock and what their plan was for the remainder of the night.
He said the pair appeared intoxicated - Ms Maher more so than her companion - and they told him they had consumed "all sorts" of drugs, but would not elaborate.
Sgt Brooks said he asked if they were carrying any "sharps or weapons" - they told him they were not - and Ms Maher "motioned" that she was emptying her pockets.
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The court heard Sgt Brooks did not inspect the contents of Ms Maher's handbag or conduct a more thorough search of her person, because a female officer was on the way to the scene and Ms Maher had not been arrested.
Sgt Brooks did not ask or direct any other police officer to search Ms Maher.
The court heard on Monday Ms Maher was found with two bottles containing benzodiazepine pills in the cell where she died.
Sgt Brooks told the court on Wednesday Ms Maher initially refused to tell him her address several times, but then confirmed she lived alone at Raymond Terrace.
He said it was "a last resort" to take Ms Maher to a police station, but she wanted to be released into the care of her companion and Sgt Brooks felt the man was not in a fit state to be responsible for her.
"It was always my priority to take her to a responsible person," Sgt Brooks said.
"She made it quite clear a number of times she wasn't prepared to go anywhere or do anything without him."
The court heard that Sgt Brooks received information that Ms Maher could have Hepatitis C or be HIV positive and that he passed this information on to one of the officers who had arrived at the scene to take Ms Maher to Maitland, "as a courtesy".
Ms Maher did not have Hepatitis C and was not HIV positive.
Counsel assisting the coroner David Buchanan argued there was "evidence before the court that there was apprehension or fear that Rebecca Maher had HIV or Hepatitis or both" which "at least contributed" to a lack of search.
Mr Buchanan asked Sgt Brooks why Ms Maher was not taken to receive a medical assessment.
"I didn't feel she was in need of medical attention at that point," Sgt Brooks said.
"I classed her as seriously affected but in terms of what she had [taken], I had no way of knowing."
The inquest continues.
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