Police Will Face No Charges For Tanya Day’s Death In Custody
It's left her family devastated, and her advocates furious
Police officers who were involved in the death in custody of Aboriginal woman Tanya Day will not face any criminal charges.
In 2017, Day was found asleep on a train and arrested by Victorian police for public drunkenness. After falling over in her cell and hitting her head she was left lying on the floor for three hours, and later died from a brain haemorrhage.
Today’s announcement that Victorian police have decided not to pursue charges has devastated her family, and infuriated people who have lobbied for justice in the high-profile case.
It may feel like close to 3yrs for some but for us it’s still raw, it’s still like yesterday. Our family hasn’t even had the chance to grieve yet. This is what our life has consisted of for years. To reach this point of no prosecution – leaves us heartbroken #justicefortanyaday
— Apryl “𝐉𝐮𝐬𝐭𝐢𝐜𝐞 𝟒 𝐓𝐃” Louise (@LouiseApryl) August 26, 2020
It’s such a crude injustice that the police officers involved in Tanya Day’s death wont be held accountable. STILL no one has ever be held accountable for the death of an Aboriginal person since the royal commission @LouiseApryl #JusticeforTanyaDay
— Meriki Onus (@MerikiKO) August 26, 2020
Every action by authorities from the moment Ms Day fell asleep to being taken in custody to her tragic death was steeped in racism, upheld by racist structures, bound by 200+ yrs of colonisation. You took to the streets in June. Where are you now? #justicefortanyaday
— bbbbrrrrrrtttttttheflag (@flashblak) August 27, 2020
The case was referred to the director of public prosecutions in April, after a coronial inquest found her death was “clearly preventable” and “an indictable offence may have been committed“.
But police say they have received advice from the DPP not to proceed with charges against any officers involved.
In a statement Day’s family said the decision was based on a police investigation that was “flawed and lacked independence”.
“We are devastated and we are angry,” they said. “The two police officers who failed to properly check on our mum, and instead left her to die on the floor of a police cell, have been let off.
“It is not good enough that such an important decision was made behind closed doors without any input from our family or the broader Aboriginal community. It is in the public interest — and the interests of Aboriginal people across Australia — that the police be held accountable for their actions.”
Despite police telling a coroner they detained the Yorta Yorta woman for her own protection and to sober up, the coroner found the short welfare checks they conducted were inadequate.
Victorian police said they take any death in custody very seriously, and will continue reviewing the coroner’s findings and recommendations.
police peering through a glass window for 3 secs & asking ‘are you ok?’ every 30/40 minutes is NOT a welfare check. Police had no concerns for Tanya Day’s welfare the moment they picked her up from the train station & saw a vulnerable Aboriginal woman. https://t.co/7H2o6wUvqc
— bbbbrrrrrrtttttttheflag (@flashblak) September 6, 2019
This outcome further justifies systemic racism as a factor of how Tanya Day was and continues to be treated #JusticeforTanyaDay https://t.co/CY9lrjlOcM
— Kristin Wuruki (@KristinWuruki) August 27, 2020
In their statement the family also said they had hoped the global Black Lives Matter movement might lead to some care and accountability for Day’s death.
“In the last 30 years, hundreds of Aboriginal people like our mum have died at the hands of the police, yet no police officer has ever been held criminally responsible,” the family said.
“This is wrong and speaks volumes about systemic racism and police impunity in this country. Aboriginal people will keep dying in custody until the legal system changes and police are held accountable.”