‘Shame on you Jacinta Allan’: Mother of Indigenous Woman Who Died in Custody Warns Victorian Bail Laws Will Lead to More Deaths

The mother of Aboriginal woman Veronica Nelson, who passed away while being held under detention, has denounced the Victorian government's proposal to enact strict new bail regulations called Victorian Bail Laws and accused the state premier of disrespecting her daughter's legacy.

The government will reinstate the charge of committing an indictable crime while on bail, which was eliminated in 2023 after a coronial inquiry into Nelson's death, according to Premier Jacinta Allan's announcement on Wednesday.

Nelson, a proud Yorta Yorta, Dja Dja Wurrung, Wiradjuri, and Gunditjmara lady, passed away in imprisonment in early 2020 after being placed under remand for accused stealing, a charge that probably would not have resulted in a jail sentence had she been found guilty.

The coroner looking into her death concluded that First Nations people were "grossly disproportionately" detained in custody due to the state's bail restrictions, which had a "discriminatory" effect on them.

Allan called Nelson's death a "complete tragedy," but she also said that the current bail regulations "do not reflect community expectations" and that her government had "got it wrong" when it changed them in response.

Aunty Donna Nelson told the Guardian in a statement that the premier's remarks were "an insult to my daughter Veronica's memory."

She claimed that the government's action "provides the license for the police and courts to lock more of our people up" and that her daughter's death while in jail "should never have happened.

She criticized Jacinta Allan, saying, "Your lack of leadership will cost lives."

The premier's office has been approached by The Guardian for comment.

The Victorian government's planned amendment to the Bail Act, which would require judges to consider minors accused of serious crimes like adults when determining whether to remand or release them into society, has also been denounced by legal, human rights, and First Nations organizations.

The reforms, if approved by parliament, would do away with the idea that remand should only be used as a "last resort" for young criminals who have been accused. Community safety would take its place as the "overarching principle" when determining adult and juvenile bail.

There would also be a new bail test for repeat offenders of violent crimes like carjacking and aggravated burglary, which would require them to demonstrate a "high degree of probability" that they won't commit the same crime again.

More persons will be placed on remand as a result of these reforms. The core of the problem, repetitive offenses, which are a major worry for Victorians, will be addressed by these reforms, Allan stated.

Wayne Gatt, secretary of the Police Association, praised the proposed revisions, stating that they will "swivel the pendulum back in favor of good, innocent people and families."

However, Victorian Legal Aid's executive director of criminal law, Kate Bundrock, referred to the amendments as a "backwards step for Victoria" and warned that they will cause "serious harm" to vulnerable individuals who are experiencing trauma, homelessness, and poverty.

According to Liberty Victoria president Michelle Bennet, they are "in total opposition" to the idea that a person is innocent until proven guilty.

"It is ineffective and will exacerbate the situation," she stated.

Nerita Waight, the chief executive of Victorian Aboriginal Legal Services, claimed that the government had "prioritized their political agenda and votes" instead of "tackling the real problems," which include family violence, mental health, job, housing, and drug misuse services.

According to Waight, "they have essentially signed the death warrants of those that their police and institutions have failed in succession."

The decision was a "shameful kneejerk reaction," according to Victorian senator Lidia Thorpe, and it went against the federal government's Closing the Gap goal of lowering the number of Aboriginal and Torres Strait Islander adolescents in detention.

The proposed revisions were also criticized by the Justice Reform Initiative, Federation of Community Legal Centers, Human Rights Legal Center, and Australian Lawyers Alliance.

The declaration comes after weeks of media and opposition pressure on the state's "youth crime crisis," including the Herald Sun's "Suburbs Under Siege" campaign and FM radio DJs Fifi, Fev, and Nick's "Bring on Bail Reform" petition.

Additionally, Labor MPs have stated that their constituents continue to raise concerns about crime. On Wednesday, a number of people promoted the suggested modifications on social media.

Sonya Kilkenny, the attorney general, stated that meeting with victims of crime inspired her to take action.

“I met with a victim of crime …. [who] spoke about the fear and terror that her children are experiencing, and she looked at me and said, ‘The people who did this were out on bail. How did this happen?” she said.

“I didn’t have an answer for her. To me, that was so compelling.”

According to earlier reports from the government and police, there are roughly 300 recurring juvenile offenders of concern, with the majority of the alleged offenses being committed by an even smaller group of about 25.

Next week, the administration intends to force the legislation through parliament, and it will probably need the backing of the Coalition opposition to clear the upper house.

Michael O'Brien, the shadow attorney general, stated that the opposition needed more information before deciding on a stance on the bill.

"Why would we trust the premier this time around when she acknowledged that she made a huge mistake the last time she introduced bail changes?" he said.

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