Victorian court: Yeast spread ban remains lawful
Justice Claire Harris ruled that prohibiting the condiment in state prisons is a proportionate measure to maintain security and order.
By Jason Wood ·
A Victorian court has ruled that prisoners do not possess a human right to consume Vegemite, ending a legal challenge by an inmate serving a life sentence.
The spread was first introduced in Melbourne in 1923 as a local alternative to Marmite. It became a common breakfast item across the country. In 2006, Corrections Victoria added the product to its list of contraband items. Officials cited the risk that the yeast content could be used to brew alcohol. They also noted that the strong scent could interfere with the work of narcotic detection dogs.
Andre McKechnie initiated the legal action after corrections staff refused to provide him with the condiment. McKechnie was convicted of the stabbing murder of property developer Otto Kuhne in Queensland more than 30 years ago. He received a life sentence and was transferred to a Victorian facility ten years after his initial conviction. He argued that the refusal violated his right to enjoy his Australian culture. McKechnie told the Supreme Court that the ban left him feeling disconnected from his family and community.
The court heard that the corrections department and its commissioner did not recognize a statutory right to the product under the Corrections Act or the human rights charter. The legal team for the state maintained that the ban served clear operational purposes.
On Monday, Justice Claire Harris dismissed the case. She found that the refusal did not infringe on McKechnie's right to food adequate for his health and wellbeing. While acknowledging that the spread is part of Australian culture, Justice Harris determined that the prohibition was a proportionate measure. She stated that the ban was justified by the state's obligation to manage prison security and maintain good order.
Justice Harris noted that the specific refusal to allow McKechnie access to the product was reasonable. She explained that the measure was directly related to the safe custody and welfare of prisoners. The ruling confirms that the current policy in Victoria remains in effect.
Other jurisdictions in Australia handle the condiment differently. Queensland, South Australia, and Tasmania maintain similar bans. New South Wales allows the product in its correctional centers. The brand is currently owned by Bega, which acquired it from Kraft in 2013.
Source: The Guardian
