Mother calls for inquest into trans daughter’s death after turmoil at Risdon Prison

“Mum, they’re killing me”: A grieving mother is calling for Tasmania’s Coroner to hold an inquest into the death of her trans daughter, who had been locked up with men at Risdon Prison.

From left, Rosemary Harwood, human rights lawyer Ben Bartl, lawyer Taya Ketelaar- Jones, transgender rights activist Martine Delaney and prisoner advocate Greg Barns SC. The group is calling for an inquest into the death of Marjorie Harwood. Picture: Chris Kidd

Every time Rosemary Harwood would visit her trans daughter at Risdon Prison, she would break down and cry.

Housed in the men’s population, Marjorie would show her mother marks on her body – telling her, “Mum, they’re killing me”.

In July 2018, at just 38 and after an alleged gang rape behind bars, Marjorie passed away, having refused medical treatment for a kidney condition.

Five years on, Rosemary has announced she will take the next step in fighting for her daughter – by calling on the coroner to hold an inquest into Marjorie’s death.

The request is based on new information – with her lawyers having obtained prison records showing the Risdon authorities were aware of Marjorie’s status as a trans woman but nevertheless housed her in the men’s population.

Rosemary’s legal team are also arguing the coroner has jurisdiction to investigate due to the link between Marjorie’s kidney condition and the alleged sexual assault she suffered while incarcerated.

“I strongly believe that Marjorie would still be alive today, had she been recognised by Risdon Prison as female and housed in the Mary Hutchinson Women’s Prison,” Rosemary said.

Rosemary Harwood and human rights lawyer Ben Bartl, who call for an inquest into the death of Marjorie Harwood, a trans woman who died after allegedly being gang-raped when she was detained at the Risdon Prison's mens jail. Picture: Chris Kidd

The grieving mother said Marjorie’s time at Risdon – for petty crime like theft – had been “very scary”.

“Every time I went to visit, she’d show me marks on her body, she’d tell me she’d been assaulted, and she’d say, ‘Mum they’re killing me’,” Rosemary said.

“(It was) heartbreaking. I had to be strong for both of us. I’d break down and cry every time.”

On Tuesday, Rosemary was joined by her lawyers, prisoner advocate Greg Barns SC, and trans activist Martine Delaney in lodging the request with Tasmania’s Coronial Division.

At the time of her alleged rape in 2017, Marjorie was serving a five-month sentence for stealing offences.

Rosemary said in 2018, Marjorie was fearful about returning to prison, “where her perpetrators lurked”, so refused medical treatment in the full knowledge this would bring about her death.

She said she hoped an inquest would bring about change so that other trans people – and their parents – wouldn’t have to suffer in the way she and her daughter had.

Greg Barns SC, the Tasmanian Prisoners Legal Service chair, said there were an increasing number of trans people in custody, and it was vital to address their safety.

“This is a difficult issue for prisons around the world, and there needs to be strong human rights standards put in place … that ensure people who are transgender are safe within the prison environment,” he said.

“We certainly think that inquests have had a very positive impact on the way in which the prison system in Tasmania operates, and we think there’s an opportunity here to do something good.”

There is still no peace for mother Rosemary, the mother of Marjorie Harwood (pictured), a transgender woman who was allegedly raped at Risdon Prison and who died in July 2018. Picture: Matt Thompson

Trans activist Martine Delaney said she had visited Marjorie in prison during 2017 and said she was “incredibly stressed”.

“(The prison) knew very well that Marjorie was trans. They acknowledged that within the prison system, but then ignored that when it came to keeping her safe,” Ms Delaney said.

“I offered to take action to try to get her moved from the men’s prison, but it’s a sad reflection on the system that Marjorie asked me not to take any action because she was afraid of what would happen to her as a result.”

The Mercury has contacted the Department of Justice for comment.

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Originally published as Mother calls for inquest into trans daughter’s death after turmoil at Risdon Prison