Judge says Victorian prisoners have no legal right to Vegemite
A life-sentenced inmate lost his court battle to restore the yeast spread, which officials have banned since 2006 to help detection dogs and prevent brewing.
By Charlotte Dubois ·
Andre McKechnie lost his bid to eat Vegemite in a Victorian prison on Monday. The Supreme Court of Victoria dismissed his claim that the ban violated his human rights. McKechnie is serving a life sentence for the stabbing murder of property developer Otto Kuhne in Queensland more than three decades ago. He has been held in a Victorian correctional facility for the past 10 years of his sentence.
McKechnie sued the state corrections department after staff refused him the salty, yeast-based condiment. He argued that the refusal denied him the right to enjoy his culture as an Australian. Telling the court, he said, “Without being able to consume Vegemite, I feel deprived of being able to practise my Australian culture, sad and disconnected from my family and community.”
Prisons in Victoria have prohibited the spread since 2006. Corrections Victoria listed it as a contraband item due to two main operational concerns. The yeast content could interfere with the scent detection abilities of narcotic dogs. The same properties also gave inmates the potential to brew alcohol from the product.
Prison authorities and the commissioner argued that neither the Corrections Act nor the human rights charter guarantees prisoners the right to consume Vegemite. Justice Claire Harris agreed with that position. She ruled that the state did not infringe on McKechnie's right to food adequate to maintain his health and wellbeing.
Justice Harris acknowledged that Vegemite might be regarded as part of Australian culture. However, she found the ban to be a proportionate measure. She stated the prohibition was “demonstrably justified by the reasons identified by the (state), which are directly related to the discharge of prison authorities’ statutory obligations.” Those obligations include prison management, security, and the safe custody of prisoners.
The ruling confirms that Victorian prison officials can continue to restrict the spread. Queensland, South Australia, and Tasmania also ban Vegemite in their jails. New South Wales remains the only state that allows the condiment in its correctional centers. The brand, originally developed in Melbourne in 1923, is currently owned by Bega after the company bought it from Kraft in 2013.
