Victorian Supreme Court Rules Prisoners Have No Right to Vegemite
Justice Claire Harris dismissed Andre McKechnie’s appeal, stating the ban is a proportionate measure for prison security and good order.
By Ashley Roberts ·
One in four Australian states currently prohibits prisoners from consuming the yeast-based spread Vegemite, a restriction the Victorian Supreme Court upheld on Monday.
The court rejected the legal challenge brought by Andre McKechnie, a prisoner serving a life sentence. McKechnie argued that Corrections Victoria’s refusal to allow him the condiment violated his human right to enjoy his culture as an Australian. He told the court that without Vegemite, he felt deprived of his ability to practise his Australian culture and disconnected from his family and community.
The ban on the salty spread in Victorian prisons has been in place since 2006. Authorities cited two primary concerns regarding the product. They stated that the yeast in Vegemite could interfere with the scent detection of narcotic dogs. Additionally, prison officials noted that the ingredients could potentially be used to brew alcohol.
Justice Claire Harris presided over the case and ruled that the prohibition was a proportionate measure. She acknowledged that Vegemite might be regarded as part of Australian culture and that the human rights charter could extend to certain foods. However, she found that the specific refusal to permit McKechnie access to the condiment was reasonable and demonstrably justified by the state's statutory obligations.
The judgment emphasized that the ban is directly related to the management, security, and good order of the prison. Justice Harris stated that the measure is necessary for the safe custody and welfare of the prisoners. The court found no infringement of McKechnie’s right to be provided with food adequate to maintain his health and wellbeing.
McKechnie was found guilty of the stabbing murder of property developer Otto Kuhne in Queensland more than 30 years ago. He was transferred to a Victorian prison ten years into his life sentence. While Victoria, Queensland, South Australia, and Tasmania maintain bans on the spread, New South Wales allows it in its correctional centres.
The brand was developed in Melbourne in 1923 as an alternative to the United Kingdom’s Marmite. Bega acquired the brand from the US-based company Kraft in 2013.
Source: The Guardian
