Calla Wahlquist Profile picture
Editor rural + regional @guardianaus. Co-creator #DeathsInside. Frequent horse nonsense. she/her ✉️ DMs; calla.wahlquist@theguardian.com

Aug 25, 2019, 23 tweets

The inquest into the death in custody of Yorta Yorta woman Tanya Day begins today. I’ll be covering. Spoke to two of her children earlier this month about their fight for justice: theguardian.com/australia-news…

On a related note, from @murpharoo, is this research from @ALeighMP theguardian.com/australia-news…

A small crowd is gathering in the domain to mark the start of the inquest into the death of Tanya Day.

A smoking ceremony.

Warren Stevens, Apryl Watson and Belinda Stevens are seeking justice for their mum.

The gathering is now heading to the coroner’s court, led by Warren Stevens and Apryl Watson who are following the smoke.

Arriving at the court.

The coronial inquest has begun. Yorta Yorta elder Uncle Colin Walker is opening the session. He has brought sand from Yorta Yorta country, from the Murray River, into the court room. It is being placed up the front.

Uncle Colin: "I am here today to support my family. Tanya Day is my niece. A beautiful young woman, that life was taken away from her... they failed their duty of care and neglected her. They never went near her for hours."

Once the inquest is over, the sand will be returned.

The sand, says Uncle Colin, is "our land, our medicine. Out there to survive she didn't have to go to the doctor. She would go out there and stand in the river. Dungala, the Murray River...that's where she would stand."

A long taking of appearances. Detective constable Scott Riley, the coronial investigator, has his own lawyer separate to that of Vic Police. I've never seen that before - but he has been directly challenged. Background here. theguardian.com/australia-news…

The court just heard a recorded call from 3.01pm on 5/12/17, the day Tanya Day was taken off the train. The call was made from the central control network to Castlemaine station: "Just got the police meeting this next train at platform one, there's an unruly passenger on board."

From this morning's hearing:

Tanya Day died in custody because of inadequate police checks, inquest hears theguardian.com/australia-news…

The Tanya Day inquest has resumed for the afternoon. Train conductor Shaun Irvine, who made the call to get police to attend Castlemaine police station for "an unruly female lying on the seat and across the aisle", is still giving evidence.

Catherine Fitzgerald, the counsel assisting the coroner, is running him through V/Line training documents on passenger management.

Earlier, Irvine said Ms Day was "unruly" because she was unable to "meaningfully respond" to his questions and he was concerned for her "safety."

He said when he first approached her he wasn't sure if she was asleep or unconscious. His initial statement to police said "I thought she was delirious."

He also said V/Line could call an ambulance if they thought medical care was required. He didn't consider that in this case.

V/Line also has a policy about passengers unable to care for themselves, which involved trying to call a relative or carer, and if that's not possible calling either ambulance or police.

He said he did not try, or consider trying, to call a relative or friend of Ms Day.

Fitzgerald: "In hindsight, do you think you would do anything differently?"

Irvine: "No."

[I have never heard anyone at inquest answer an unqualified yes to this question]

Peter Morrissey, for the Day family: Did you ask if she had any kids?
Irvine: No
M: Or anyone who could help her?
I: No
M: Did you ask if she had a phone?
I: No
M: In short, did you offer any help of any sort?
I: No
M: Why not?

(a pause)

I: "Look, I am not sure specifically."

Morrissey: "Did you think she would get put in the same cell as someone who murdered someone?"

Irvine: "No"

M: "Did you think what happens when a person ends up in police custody?"

I: "No"

M: "Did you think beyond getting her off the train?"

I "No."

Shaun Irvine has finished in the witness box for the day but will be back tomorrow.

The court is now hearing an application from the ABC and The Age to release CCTV footage. Counsel for the police commissioner objects to footage being released before it’s played in court.

Tanya Day’s family support the release of all footage now.

Lawyer for ABC/The Age say that all available footage should be released, even if not played in court or tendered. Should be provided “sooner rather than later” because the case has “currency at this particular time”.

I've updated the report on the first day of the inquest into the death of Tanya Day with some of this afternoon's evidence. theguardian.com/australia-news…

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