Tanya Day’s family wants apology over police cell death

Tanya Day’s family want a criminal investigation into their mother’s death.

Apryl Day, Belinda Day and Warren Day outside the Coroners Court in Melbourne on Friday. Picture: AAP

The children of Tanya Day are calling for a criminal investigation into their mother’s death, as well as formal apologies from ­Victoria Police and train operator V/Line, which they allege failed in their duty of care.

Day, 55, suffered what would become a fatal head injury within an hour of being put in a police cell in the central Victorian town of Castlemaine after V/Line staff called the police on the Yorta Yorta woman, who was sleeping drunk on a train on December 5, 2017.

Outside Victoria’s Coroners Court, where a hearing had just finished, her children Belinda Stevens, Warren Day and Apryl Watson, with their uncle Russell Day, called for a criminal investigation into their mother’s death.

“We want to know whether the police who should have cared for Mum committed an offence in denying Mum her dignity and ultimately her life,’’ Ms Stevens said.

Confronting CCTV footage of Day falling five times in police custody was released by the coroner­ on September 6 at the ­request of her children.

“It’s obviously extremely distressing (and) traumatic to sit there day after day to watch that played, rewound, played,” Ms Stevens said. “Just because you’ve seen it a hundred times doesn’t make it any easier.”

Superintendent Sussan Thomas apologised in court on Friday over Day’s death when questioned by Peter Morrissey SC, who is representin­g Day’s family, but Ms Stevens said they wanted a formal apology from Victoria Police.

Ms Watson said it felt like her family was trapped in a cycle of ­intergenerational trauma, citing her mother’s uncle Harrison Day, who died after suffering an epileptic­ fit in police custody. His death was examined by the 1991 Royal Commission into Aboriginal Deaths in Custody.

He had been arrested over an unpaid $10 fine for public drunkenness in 1982, which was the same offence Day was charged with in 2017.

“Sitting back and watching our uncle relieve the trauma of his brother dying in custody is extremely painful for our family,” she said.

“It’s hard for our family to wrap their head around the fact that we’ve had a family member 30 years ago die in police custody for that same offence and now mum has.”

Supt Thomas was called as a witness at the request of coroner Caitlin English to shed light on Victoria Police policies and procedures relating to combating unconscious bias. The inquest is examining whether systemic bias played a part in Day’s death in custody.

The policewoman was unable to answer several questions, which prompted Mr Morrissey to say: “The witness has been put here specifically because she doesn’t know.”

Coroner English ended the questioning of Supt Thomas and said: “Unfortunately she’s not able to cover a lot of the territory I hoped for in terms of policies and procedures in dealing with the Aboriginal community.”

Day’s children farewelled their mother as they gave evidence as the final witnesses at the inquest into her death from a stand adorned with grevilleas.

“She was a loving and nurturing mother and she passed that onto the community,” Ms Watson said.

“Pride, resilience, strength are all qualities we have [because] they’re mum’s qualities.”

When Day’s children finished giving evidence they received a standing ovation from their supporters and were thanked by Ms English.

The coroner will hand down her report at a later date.