Tanya Day inquest: Routine cell checks not made

Tanya Day needed to be checked every 30 minutes in her police cell. She wasn’t, an inquiry has heard.

The family of Tanya Day (centre: Warren Stevens and Apryl Day) who died in Police custody take part in a traditional smoking ceremony as they make their way down to the Victorian coroners court for an inquiry into the Aboriginal woman’s death. Picture: Aaron Francis/The Australian

An Aboriginal woman arrested for public drunkenness died after she was left alone in her cell, despite Victoria Police assessing she needed to be checked every 30 minutes, an inquiry has heard.

Victoria Police believed Tanya Day, a Yorta Yorta woman, was drunk when she was arrested on December 5, 2017 and assessed her as needing to be checked on every 30 minutes while in cell at Castlemaine police station, Catherine Fitzgerald counsel assisting the coroner told the inquiry.

She said that checking routine had not been met.

Ms Fitzgerald said CCTV footage, which will be shown at the inquiry, shows Day falling five times in the police cell before she appeared to lose the use of her right arm. She suffered a brain haemorrhage and died 17 days later in hospital.

Coroner Caitlin English will examine if systemic racism played a role in her death as part of the inquiry.

Day, 55, was travelling by train from Echuca to Melbourne and had fallen asleep before train conductors called the police seeking their assistance.

She was taken from the train and arrested at Castlemaine station.

Ms Day’s family believe that race played a part in the decision to call the police. The coroner is examining whether systemic racism played any part in Day’s death in custody.

The lawyer acting on behalf of her family said there was no doubt racism played a role in her arrest.

“She was vulnerable not simply because she consumed alcohol, she was vulnerable because of who she was,” Peter Morrissey SC told the inquest.

“There is no doubt that there was a failure. The extent of it will be looked at.”

Mr Morrissey said there were other options rather than arresting Ms Day at Castlemaine station.

Shaun Irvine, the V-Line conductor who found Day unconscious on the train, said he decided to contact police out of concern for her wellbeing.

“I believed her safety was threatened by allowing her to travel in the state she was in,” he said.

When asked why he didn’t call an ambulance, Mr Irvine said he believed Ms Day was intoxicated.

“She was delirious [and] I thought she would have been under the influence of something.”

Earlier Colin Walker, Day’s uncle, poured sand on the witness stand during the welcome to country opening.

He said the sand came from Ms Day’s Yorta Yorta country.

“She [Tanya} would take her shoes off and walk through this,” he said.

‘Our mum should be alive’

Ms Day’s family marked the start of the inquiry with a traditional smoking ceremony at King’s Domain park in Melbourne this morning.

Her daughter Belinda Stevens said Victoria Police failed her mother as she called for CCTV footage of her time in custody to be released.

“Our mum should be alive today. We know that racism played a role in mum’s death and that Victoria Police failed her. We want truth and accountability through this coronal inquest,” Ms Steven said.

“Our mother had so much more love and life to give — to us, to her grandchildren and to the broader community.”

Day’s uncle, Harrison Day, died in police custody after being arrested for public drunkenness.

His death was examined at the 1991 royal commission, which recommend abolishing the offence.

The Victorian government announced last week they would decriminalise public drunkenness.

The inquiry room is overflowing with a second court set up. Gum tree branches are strewn across the floor.