Tanya Day: No charges for police officers after death in custody
Police officers who were investigated over the death in custody of Aboriginal woman Tanya Day will not face criminal charges.
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Police officers who were investigated over the death in custody of Aboriginal woman Tanya Day will not face criminal charges.
Ms Day’s 2017 death at Castlemaine Police station was referred to the Office of Public Prosecution to determine whether criminal negligence had occurred.
However Victoria Police confirmed on Wednesday night it was not proceeding with charges against the police officers in this matter, following an assessment of the evidence and advice from the OPP.
“Victoria Police takes any death in police care or custody very seriously and will continue reviewing the coroner’s findings and recommendations,” it said in a statement.
“Victoria Police acknowledges the loss and suffering experienced by Ms Day’s family.”
The statement said all coronial findings provided an opportunity for Victoria Police to review its policies and practices to ensure the safe management of people in police care or custody.
The Yorta Yorta grandmother fell and suffered a head injury while in the Castlemaine police station after she was arrested for being drunk on a train in December 2017.
She died two weeks later.
Coroner Caitlin English said in her findings in April: “Ms Day’s death was clearly preventable had she not been arrested and taken into custody”.
The evidence suggested the indictable offence of negligent manslaughter may have taken place, Ms English found.
Despite police claims of regular checks on Ms Day while she was in the cell, the coroner
found they were inadequate.
The coroner also found train conductor Shaun Irvine made a “snap decision” to label Ms Day as “unruly” and request police attendance.
“Mr Irvine’s decision-making was influenced by an unconscious bias and immediately deciding Ms Day was unruly … without considering other options,” she said.
Her death prompted the state government to abolish the offence of being drunk in public.