Thread by @dhadjowa

Day 2 of the Inquest examining the death in custody of Veronica Nelson will see two witnesses called, the first Senior Constable Rebecca Gauci who was the other arresting officer, and the second is Jill Prior of the Law and Advocacy Centre for Women.
#JusticeForVeronicaNelson

Senior Constable Rebecca Gauci tells the court she has been a police officer since 2011, and is posted with a family violence unit. Her statement was made some 8mths after her arrest of Veronica with Sergeant Brendan Payne.
#JusticeForVeronicaNelson

Gauci states that Veronica was walking comfortably, quietly, she was thin [33kgs], but that she had no particular observations or concerns. States that Veronica was compliant, there was a pat down search and then she was then handcuffed.

When an Aboriginal person taken into custody, VALS are automatically notified when a persons details are entered into the system.
VALS made contact with Melb West police station 4 times. Gauci does not know where all 4 of those records of contact would be.

Q - When you spoke w VALS, did you tell them Veronica was in an interview?
Gauci - No
Q - And you never entered into an interview to tell Veronica that VALS wanted to speak to her?
Gauci - No
#JusticeForVeronicaNelson

There are a series of questions regarding the decision to not grant Veronica bail at the police station, the decision to take her to Melbourne Magistrate court, the decision to advocate for remand.
#JusticeForVeronicaNelson

Gauci agrees she was preparing the remand brief whilst Veronica was being interviewed [without legal representation or legal advice].
Preparing a remand brief involves gathering information and documents inc warrants & charges -"My job was to make sure all those ducks lined up."

Q- What efforts were made to obtain information relating to Veronica?
Personal…none by myself
Q- Did you know she was Aboriginal
Yes
Q- Did you make any efforts to obtain info relevant to health?
No
Q- To her family?
No
Q- To her mental health?
No
#JusticeForVeronicaNelson

Counsel Rishi asks many questions of Gaucis understanding of Aboriginality & bail eg He asks in varying ways if she understands Aboriginality should work in ones favour in granting Bail. This is relevant to the inquest's consideration of whether indirect indiscrimination occurred

This section of questioning moves through a number of errors made by police on the preliminary brief & remand/bail application, including incorrectly ticking a box to say Veronica had not mad admissions to offending in police interview when she had

Questioning moves to what is missing in the police bail/remand application form:
Counsel: It’s a document riddled with mistakes, do you agree?”
Gauci: Yes

#JusticeForVeronicaNelson

Counsel suggests key facts that would've been of benefit to Veronica in her bail application - inc factors related to vulnerability [& other factors listed under s3AAA]
“The form is light on material that supports Veronica’s case for bail, but heavy on facts that oppose it”

Counsel: You made clear to the police prosecutor that you sought a remand in custody?
Gauci: We were opposing bail...
Counsel: Are you aware that she was unlikely to receive a prison sentence for shoplifting?
Gauci: I don’t know...

After the delay in Veronica’s bail hearing, Gauci was then not present in court when the hearing went ahead, self-represented.
Counsel for LACW: “So whoever attended on the 31st depended entirely on your remand application and the answers provided in that document
Gauci: Yes

Q-It appears the accused does not take bail seriously [in the police bail/remand app] can you explain why you put this in?
Gauci: Bc she had a warrant for not attending court
Q-Would you agree this is your opinion, your judgment & that the bail act doesn’t require this
Gauci: Yes

Counsel puts it to Gauci her process of relying on informal conversations to get personal information relevant to ppls eligibility for bail [needed for the remand/bail application] is ad hoc, especially given that people have very varied levels of comfort sharing info with police

Court has now adjourned for lunch, resuming at 2pm. Gauci will resume giving evidence after lunch. #JusticeForVeronicaNelson

Court resume and Gauci resumes her evidence. Gauci is asked a series of questions about organising transport to take Veronica to court and the remand paperwork that was completed by VicPol the evening that Veronica was arrested.

#JusticeForVeronicaNelson

Q: Would you agree with me effectively in the circumstance that the police sergeant could grant bail to Veronica but couldn't refuse it. It could be a yes in support of bail, but it could not be a no?
Gauci: Yes
#JusticeForVeronicaNelson

Q asks a qs about the custody brief and when it was signed.
Q: the evidence at 4:54pm demonstrates that you had already arranged transport before signing the custody brief
Gauci: That could have been written at 17.34
Q: You told us your practice is to do it at the time

Gauci is released from giving evidence. Jill Prior, the Principal Legal Officer of the Law and Advocacy Centre for Women (LACW) is called to give evidence. Veronica had previously been assisted by LACW in 2019. #JusticeForVeronicaNelson

Ms Prior is asked about the charges that Veronica was arrested for and whether a jail term would be appropriate.

Prior: "I hold the view that shop steal offending does that warrant a custodial sentence. I held that view then and I still hold that view" #JusticeForVeronicaNelson

Counsel Assisting (CA) raises matters relevant to Veronica's bail app

CA: In her bail app that we have the recording of the police provide reasons for opposing the bail and one of them is that they describe her as a recidivist shop stealer..

Prior challenges VicPol's narrative

Prior comments on matters in favour of Veronica's bail

Prior: “She doesn’t present w history of failures to appear, she would have had support and accommodation available to her in two locations…and then the nature of the offending was [low risk and non-violent]"

CA: In terms of the matters that you would have put before the court had you had been making an app on her behalf, what would they be?

Prior: She [Veronica] is an Aboriginal woman and every aspect of the application must be heard through that lens

#JusticeForVeronicaNelson

"In my submission every day she [Veronica] spent in custody was a day longer than she would have been sentenced”

-Jill Prior, Law and Advocacy Centre for Women

#JusticeForVeronicaNelson

Prior reflects on the 2018 bail reforms in Victoria and their impact on women, referring to this as a "dire time" with a big increase in the number of women held in custody.

#JusticeForVeronicaNelson

Court adjourns until 10am tomorrow morning when Jill Prior will continue her evidence.

#JusticeForVeronicaNelson

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