鈥淭his is an historic day for Aboriginal people in this country, and a bittersweet day for our family,鈥 said Belinda Day on April 9 referring to the coroner鈥檚 decision to refer her mother Tanya Day, who died in custody, to the public prosecutions department.
鈥淗undreds of Aboriginal people have died in police custody, yet no police officer has yet been held criminally responsible,鈥 Belinda Day said. The coroner made this referral about her mother鈥檚 death in custody after finding that an 鈥渋ndictable offence may have been committed鈥.
The significant announcement is the latest step in a long journey for the Day family, who have been fighting for justice since the Yorta Yorta woman had fallen asleep on a V/Line train. She was found by a V/Line officer, who called the police, despite other passengers saying she was doing no harm.
She died in hospital in December 2017 of head injuries sustained 17 days earlier in that police cell: CCTV footage showed that she fell and hit her head 鈥 five times.
When police finally called an ambulance, after noticing Tanya Day unconscious in her cell, they failed to tell the paramedics about the falls or the bruising on her head. Paramedics saw her dilated pupils and had decided, wrongly, that Day had taken drugs.
The April 9 The Guardian Australia reported that coroner Caitlin English found 鈥渦nconscious bias鈥 on the part of the V/Line officer.
鈥淚 find the decision to consider her unruly and to call police in preference to other options was influenced by her Aboriginality鈥, she said. However, regarding the police actions, English said: 鈥淚 am not of the view there is evidence to make a finding the differential treatment was due to Ms Day鈥檚 Aboriginality鈥.
Tanya Day鈥檚 family is concerned and disappointed at the finding.
鈥淥verall we鈥檙e pretty happy with the recommendations, but a bit disappointed she didn鈥檛 call out the systemic racism of Victoria Police because it clearly contributed to Mum鈥檚 death鈥, Belinda Day .
The family, who had to fight for a coronial inquest in the first place, asked the coroner to consider the conflict of interest implicit in the use of police investigators in the court. English has recommended an amendment to the Coroners Act, to give coroners more control over coronial investigations.
Tanya Day was a committed advocate for her people, and had campaigned against police brutality and Aboriginal deaths in custody.
Her family are now gearing up for the next chapter of that struggle for justice.
鈥淲e鈥檙e pleased they鈥檙e making a referral for a criminal investigation, but that means there鈥檚 still a fight to be had and we鈥檙e up for a fight,鈥 Belinda Day the Riverine Herald on April 14.
鈥淲e will continue to fight it all the way. We haven鈥檛 got justice, so the fight continues. I think Mum would have been proud that we continued the fight for her.
鈥淪he was always strong in her advocacy and her passion and strength has passed onto us and we will continue to have her in our heart.鈥