Politics

Police Will Face No Charges For Tanya Day’s Death In Custody

It's left her family devastated, and her advocates furious

Justice for Tanya Day

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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.

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.

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.”