Prison boss dismisses Veronica Nelson’s family criticism in leaked email

Warning to Aboriginal and Torres Strait Islander readers: This story contains images and references to a deceased person.

The highest-ranking official at the women’s prison where Indigenous woman Veronica Nelson died in traumatic circumstances told her staff last year that Nelson’s family was searching for “someone to blame” and that public scrutiny of the prison had been sensationalised.

A leaked email written by then Dame Phyllis Frost Centre general manager Tracy Jones on the first day of the coronial inquest in April 2022 complained that the media had painted a “very negative image” of Nelson’s death, and urged her colleagues “to not take it personally”.

Dame Phyllis Frost Centre general manager Tracy Jones.Credit: Eddie Jim

In the email, Jones described the CCTV footage taken in January 2020 of Nelson “vomiting and screaming in her cell” as “pretty horrendous!” and detailed her failed efforts to prevent or limit the public release of prison CCTV and audio.

Nelson was denied bail and was on remand at the time of her death in custody. Victorian coroner Simon McGregor was brought to tears as he handed down his damning findings on Monday and took aim at a litany of failures within the criminal justice, health and corrections systems.

Premier Daniel Andrews committed on Tuesday to overhauling the Bail Act within months. Labor could not bring a bill to parliament next week because reform “needs to be done properly”, he said, but added: “We will not waste a moment.”

“It will be done as soon as possible. Work is well and truly underway.”

State Opposition Leader John Pesutto said the Coalition would work cooperatively with the government to improve the justice system but called on Labor to put forward legislation next week.

Nelson’s family is already in talks with the Corrections Department and prison healthcare provider Correct Care Australasia to negotiate a settlement over Nelson’s death at Dame Phyllis Frost Centre.

The coroner on Monday referred Correct Care Australasia to prosecutors, saying if an ambulance had been called at any point during Nelson’s 36 hours at the women’s prison, it was likely she’d still be alive.

“The media have painted a very negative picture of the death and staff interactions with Ms Nelson.”

Prison general manager Tracy Jones

The inquest found that as Nelson slowly died, calling out for her late father, the nurse responsible for her care, Atheana George, watched a movie on her computer and prison officer Tracey Brown told Nelson to “stop screaming because she was keeping the other prisoners awake”, McGregor found.

In her email to staff, Jones, then the Dame Phyllis Frost Centre general manager, attacked the coroner’s decision to release unedited audio and video recordings that identified those working at the prison, including prison officers and medical workers from Correct Care Australasia.

“The actual intercom calls from Ms Nelson to staff, were played on all major news channels, as was the reception of Ms Nelson, her vomiting and screaming in her cell and it’s pretty horrendous!” Jones wrote in her email.

“I want you all to prepare yourselves for seeing this footage, hearing how the prison has been highlighted and do not take it personally. The family are angry and grieving and they want someone to blame for the death of their daughter/partner/sister/niece,” the email says.

“We were unaware that the Coroners Court would release the actual prison footage and intercom calls to the media. The viewing is particularly disturbing and distressing. The media have painted a very negative picture of the death and staff interactions with Ms Nelson. We sought to get a suppression order to blur staff faces but we lost.

“Whilst we have sought legal advice on the airing of this footage by media channels, it’s very unfortunate for staff and their families. It will also distress the women in our care I suspect, as it’s really sensationalised media and none of it positive … Please take care, look after each other and get support if you need it.”

Jones signed her email: “Cheers.”

Jones is the same official who initially said at a boardroom debrief of Nelson’s death two weeks after the incident that she was “proud” of the way Nelson had been treated in her final hours and that staff “sensitively managed the intercom calls”. In January, she was appointed by Corrections Victoria as the general manager of the Judy Lazarus prisoner transition centre.

Victorian Aboriginal Legal Service chief executive Nerita Waight said the email was “completely insensitive to Veronica Nelson’s family”.

“The dismissive and attitude of the head of the prison is further proof of the callous indifference that the prison is run on, and it certainly makes you wonder whether the management at DPFC is willing to grapple with the findings and recommendations of the coroner,” Waight said.

Ali Besiroglu, who is representing Nelson’s mother Donna, said the email was “cruel”. Besiroglu, a principal lawyer from firm Robinson Gill, said it “provides insight into the insensitive culture that existed from the top down”.

Jones testified before the inquest that at the debrief held two weeks after Nelson’s death, the incident had not been critically examined. The minutes indicate that the debrief was opened without an Acknowledgement of Country and without any recognition of Nelson’s Aboriginality.

Victorian coroner Simon McGregor found Veronica Nelson’s death was preventable.Credit:

On Monday McGregor said in his findings that the truth about Nelson’s death in custody may never have surfaced but for the coronial investigation. He said the approach taken, to which Correct Care chief nursing officer Christine Fuller agreed, was “they didn’t ask, so [we] didn’t tell”.

Nelson was arrested on Spencer Street on December 30, 2019, and taken to a nearby police station for questioning on suspicion of shoplifting. But instead of being released on bail, she was transferred to Melbourne Magistrates’ Court where she was placed on remand until a court date weeks later.

Over the following two days, she made 49 calls for help over the prison’s intercom while heroin withdrawal and an undiagnosed medical condition ravaged her body.

She was found dead in her cell on January 2, 2020, lying in the fetal position. An autopsy found Nelson had the undiagnosed medical condition Wilkie’s syndrome, a rare but potentially life-threatening gastrointestinal condition.

In his findings on Monday, McGregor savaged the action and inaction of Correct Care Australasia and prison staff. He also sent a copy of his findings into the conduct of nurse Atheana George and prison physician Dr Sean Runacres, who miscalculated Nelson’s weight and completed an insufficient medical examination when she came to prison, to the Australian Health Practitioner Regulation Agency.

“Veronica’s death was preventable,” McGregor found.

In a statement, Correct Care Australasia said it was not in a position to respond to questions regarding the employment status of Runacres or George, nor whether they had breached Nelson’s human rights.

Corrections Victoria was contacted for comment but did not respond before deadline.

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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