By Erin Pearson
Warning to Aboriginal and Torres Strait Islander readers: This story contains images and references to a deceased person.
The mother of an Indigenous woman, whose needless death on remand sparked an overhaul of the state’s bail laws, says she is disgusted by a WorkSafe decision not to lay any charges over her daughter’s death.
In an email seen by this masthead, WorkSafe reveals it completed an investigation into Veronica Nelson’s death at Dame Phyllis Frost Centre in 2022, finding there was insufficient evidence to prosecute the Department of Justice or prison operator Correct Care Australasia.
Veronica Nelson’s partner, Percy Lovett, and mother, Aunty Donna Nelson, are surrounded by supporters in January.Credit: Joe Armao
WorkSafe acknowledged it received a request in May 2022 to investigate possible occupational health and safety breaches, with coroner Simon McGregor recommending the matter also be referred to the Director of Public Prosecutions for consideration.
The coroner’s request, the email said, also asked the DPP to consider if the prison operator had breached a section of the Occupational Health and Safety Act, which states an employer must ensure, where practicable, that others are not exposed to health or safety risks arising from an employer’s conduct.
WorkSafe said after careful consideration of the evidence, it had concluded there was a lack of evidence to prosecute, with the file now closed.
Aunty Donna Nelson, the 37-year-old’s mother, said she was heartbroken by the decision, knowing those responsible for her daughter’s death would walk away unpunished.
“My heart breaks. All I ever wanted was accountability,” she said. “What good is a coronial process, the pain and heartache that we have to go through if they just let these people walk?
“They’re killing our children and not holding anyone to account. It’s painful. It’s hurtful. And it’s disgusting.”
Nelson was arrested on Spencer Street on December 30, 2019, and taken to a nearby police station for questioning on suspicion of shoplifting. Instead of being released on bail by police, a court placed her on remand.
Veronica Nelson, left, in the Dame Phyllis Frost Centre on December 31, 2019.
Nelson was found dead on her cell floor, lying in the foetal position days later, having used the intercom system 49 times to call for help. Ambulance officers believe she had been dead for some time.
McGregor was brought to tears during a four-hour reading of his findings on the case, where he took aim at a litany of systemic failures within the criminal justice, health and corrections systems that he said led to Nelson’s preventable death in inhumane and degrading circumstances.
He said from the time of her arrest to her death four days later, Nelson – a Gunditjmara, Dja Dja Wurrung, Wiradjuri and Yorta Yorta woman – was culturally isolated and her human rights repeatedly breached.
He found Victoria’s bail laws at the time were “incompatible” with the Charter of Human Rights and discriminatory towards First Nations people.
A still from a video released during the inquest showing Veronica Nelson inside a prison cell.
As a result, the bail tests were simplified to remove the charge of breaching bail, which previously led to the remand of people for petty crimes – such as shoplifting – that would likely never result in sentences of imprisonment.
During his findings, McGregor referred Correct Care Australasia to prosecutors, revealing Nelson would likely still be alive today if an ambulance had been called at any point during her 36 hours in prison.
McGregor found staff largely ignored her pleas for help, including a nurse responsible for her care, Atheana George, who instead watched a film on her computer, and prison officer Tracey Brown who told Nelson to “stop screaming because she was keeping the other prisoners awake”.
Doctor Sean Runacres was also referred to the medical watchdog after the coroner found he provided substandard care in the hours before Nelson died. He remains a registered medical practitioner.
A prison boss later dismissed the Nelson family’s criticism in a leaked email.
Robinson Gill Lawyers’ Ali Besiroglu, who represents Nelson’s mother, questioned what it would take for the state to be held accountable for Aboriginal deaths in custody.
He said if there was ever a case with overwhelming and unquestionable evidence of gross negligence and risk to health and safety, this was it.
“Summarily dismissing a prosecution under the guise of insufficient evidence offends the very core of the rule of law – that no person is above the law,” Besiroglu said.
“Veronica Nelson paid with her life for her petty crimes. She deserved much more than a justice system designed to let her perpetrators walk free with impunity.”
A WorkSafe spokeswoman acknowledged the ongoing pain and trauma caused by Nelson’s tragic death but said no systematic failings or breaches in staff training or instruction could be established.
“After carefully considering an extensive amount of evidence, including material from the coronial inquest, WorkSafe has determined not to take further action on this matter at this time,” they said.
Images contained in this story were released to the media with permission from the family. For crisis support run by Aboriginal and Torres Strait Islander people, contact 13YARN (13 92 76).
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