Australian court rejects prisoner's claim to Vegemite as human right
A Victorian Supreme Court judge dismissed a lawsuit by a murder inmate who argued a Vegemite ban violated his cultural rights, ruling the prohibition is justified for prison security.
At a glance
- Andre McKechnie, serving life for murder, lost his case claiming a Vegemite ban violated his cultural rights in Victorian prisons.
- The ban, in place since 2006, exists because Vegemite interferes with narcotic detection dogs and can be used to brew alcohol.
- Justice Claire Harris ruled the prohibition is reasonable and demonstrably justified for prison security and order.
An Australian prisoner serving a life sentence for murder has lost his bid to overturn a ban on possessing Vegemite in Victorian prisons, with a court ruling the condiment is not a human right.
Andre McKechnie sued Victoria's corrections department after being refused Vegemite, claiming the refusal denied him his human right to enjoy his culture as an Australian. He told the state's supreme court that without Vegemite he felt "deprived of being able to practise my Australian culture, sad and disconnected from my family and community."
Vegemite was banned in Victorian prisons in 2006 due to concerns it interferes with narcotic detection dogs and could be used to brew alcohol, according to Corrections Victoria's list of contraband items.
Prison authorities and the commissioner rejected the argument that there was a right under the Corrections Act or human rights charter to consume Vegemite while incarcerated.
On Monday, the court dismissed McKechnie's case, finding no infringement of his right to be provided with food adequate to maintain his health and wellbeing. Justice Claire Harris acknowledged Vegemite might be regarded as part of Australian culture and that the human rights charter might extend to certain foods, but ruled the prohibition was a proportionate measure.
"It is demonstrably justified by the reasons identified by the (state), which are directly related to the discharge of prison authorities' statutory obligations, including those relating to the management, security and good order of the prison and the safe custody and welfare of the prisoners," she said.
"The specific refusal to permit Mr McKechnie to have access to Vegemite is reasonable and demonstrably justified."
McKechnie was found guilty and sentenced to life in prison for the 1993 stabbing murder of property developer Otto Kuhne in Queensland. He was transferred to a Victorian prison 10 years into his sentence.
Queensland, South Australia and Tasmania also ban Vegemite, while New South Wales permits it in correctional centres.
Vegemite was first developed in Melbourne in 1923 as an alternative to the UK's Marmite and has become a breakfast staple for many Australians despite its polarising taste.
Source: The Guardian World
Questions and answers
- Why was Vegemite banned in Victorian prisons?
- Vegemite was banned in 2006 because its yeast properties can interfere with narcotic detection dogs and potentially be used to brew alcohol, according to Corrections Victoria.
- What was the prisoner's argument for allowing Vegemite?
- Andre McKechnie argued that being denied Vegemite violated his human right to enjoy his culture as an Australian and left him feeling disconnected from his family and community.
- What did the court decide?
- The Victorian Supreme Court dismissed McKechnie's case, with Justice Claire Harris ruling the Vegemite ban is reasonable and demonstrably justified for prison security and order.
