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/">https://www.streaming.scvwebcast1.com/coronersc...

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& #39;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& #39;m not satisfied there is any evidence to support a finding that Ms Day& #39;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& #39;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& #39;s treatment immediately after Ms Day& #39;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& #39;m not of the view that there& #39;s evidence can make a finding the differential treatment was based on Ms Day& #39;s Aboriginality." #TanyaDay

On the ACJP: "In practice, they don& #39;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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