Thread by @MadelineHayman, The finding into the death in custody of Aunty #TanyaDay has begun. [...]

The finding into the death in custody of Aunty #TanyaDay has begun. Watch here:

https://www.streaming.scvwebcast1.com/coronerscourt1/finding-into-the-death-of-tanya-day-9-april-2020/

Coroner Caitlin English has reiterated her intention to make a recommendation to decriminalise public drunkenness and steps the government has taken towards this. #TanyaDay

Coroner English in the decision-making of V/Line conductor Shane Irvine to call the police and remove Ms Day from the train:

"I find Mr Irvine made the decision that this guy was an unruly customer, but could equally have decided she was a customer not in control." #TanyaDay

"I find [Shane Irvine's] equivocation as to when and whether he noticed the colour of his skin and features as Aboriginal as unconvincing."

#TanyaDay

"I find Mr Irvine made rapid decisions in less than a minute. He made a snap decision that Ms day was an unruly customer, a danger to herself, and required police attendance for her removal from the train." #TanyaDay

"I find the decision to define her unruly and to call for police rather than pursue other options has been influenced by her Aboriginality." #TanyaDay

Coroner English says she "sincerely hopes an organisation the size of V/Line, which provides an important public transport service for the whole community, does have an Indigenous Liaison Officer." She also suggested staff training. #TanyaDay

We are now moving to scope D - the decision made by attended Victoria Police members to take Ms Day into custody. #TanyaDay

English says the accepts the decision to arrest was made in the operational context and the pressure of time.

"Senior Constable Thomas arrested Ms Day for her own safety."

#TanyaDay

"I'm not satisfied there is any evidence to support a finding that Ms Day's Aboriginality played a role in his in his decision making on the platform."

#TanyaDay

"The police officers did action appropriate welfare requirements at the police station by contacting Ms Day's, family, and the Aboriginal Community Justice Panel and send the notification to the Victorian Aboriginal legal service by the Custody Notification Service." #TanyaDay

English has said she is of the view that not handcuffing Ms Day "is a small but sensitive" move of Victoria Police officers. #TanyaDay

At the time Ms Day was placed in a cell, they were called to a disturbance at the local pub, a drunk woman asking people for money. #TanyaDay

"However, she was not arrested, not taken to the police station, not put in the cell, not issued with an infringement notice for being drunk in a public place, or for begging. She was given a lift home." #TanyaDay

"...compared to the other woman's treatment immediately after Ms Day's arrest suggest clear inference of differential treatment of Ms Day... She could avoid being placed in custody." #TanyaDay

She recognises that police could have been more creative with finding a solution, however, because the circumstances were slightly different:

"I'm not of the view that there's evidence can make a finding the differential treatment was based on Ms Day's Aboriginality." #TanyaDay

On the ACJP: "In practice, they don't provide a protective measure for intoxicated Aboriginal persons in custody." #TanyaDay

"I find that the standard of physical checks was contrary to the specifications in the VPN guidelines, requiring a best verbal response. And this is required so that any deterioration can be identified in the coma score adjusted accordingly to manage risk." #TanyaDay

English says she intends to make a recommendation that the custody risk assessment include a falls risk assessment for detainees whose balance may be affected by alcohol, drugs, or illness. #TanyaDay

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