Tanya Day’s death in police custody referred to prosecutors by coroner

A Victorian coroner has referred the death of Aboriginal grandmother Tanya Day in police custody to prosecutors.

Tanya Day was taken into police custody after falling drunkenly falling asleep on a train from Echuca to Melbourne. Picture: Supplied

A Victorian coroner has recommended the state prosecutor investigate whether there is a criminal case over the “clearly preventable” death of an Aboriginal grandmother who died from injuries suffered in police custody.

Coroner Caitlin English on Thursday further found there was “potentially an omission” to obtain medical care for Tanya Day, 55, after she was lodged in cell number one at Castlemaine Police Station on December 5 in 2017.

“Ms Day was in a highly vulnerable state when she was detained in a cell without medical assessment,” she said.

“Although it was clear she was a fall risk from her stumbling and lack of balance, a falls risk assessment was not considered.”

The Yorta Yorta woman was taken into police custody after falling drunkenly falling asleep on a train from Echuca to Melbourne.

Noting it was not her role to determine if criminal charges should be laid but assess whether there is a reasonable charge of prosecution, Coroner English said the “totality of the evidence” suggested the offence of negligent manslaughter may have been committed.

“On that basis, I intend to direct that the principal registrar must notify the Director of Public Prosecutions,” she said.

CCTV footage played at the inquest shows an intoxicated Day lying on her cell bed during checks at 4.17pm and 4.50pm.

At 4.51pm she tumbled over the cell bench and smashed her forehead against a wall before appearing to lose movement in her right arm.

This fall would kill Day 17 days later in a Melbourne hospital.

Coroner English said Day’s death was “clearly preventable” and resulted from her being lodged in a cell.

“Ms Day sustained a traumatic injury within her first hour of detention,” she said.

“All aspects of behaviour in detention were attributed by police officers to her being drunk and behaving as drunks do.”

Day’s uncle Harrison died in police custody over he was arrested for failing to pay a fine for public drunkenness. His case was heard at the 1991 commission, which recommended the offence be abolished.

Coroner English recommended the offence be abolished as well as allowing the Coroner’s Act be amended to allow the coroner to direct the Victoria Police investigator in the gathering of evidence for the inquest.

“I have regard to the lack of clarity, both real and perceived, regarding the independence of the coroner’s investigator from Victoria Police,” she said.

“Therefore I intend to make a recommendation seeking the legislative recognition of the coroner directing the investigation, to be able to make direction to the coronial investigator.”

The inquest examined the role systemic racism played in the death of Day.

Coroner English found “unconscious bias” influenced the decision of V-Line conductor Shaun Irvine to call police when he found Day asleep on the V-Line train.