Veronica Nelson's family, human rights groups and law experts urge Victoria to reform "broken" bail laws

Giovanni Torre
Giovanni Torre Published March 22, 2023 at 10.25am (AWST)

The family of Veronica Marie Nelson, a strong Gunditjmara, Dja Dja Wurrung, Wiradjuri and Yorta Yorta woman who died in custody in January 2020, are calling on the Victorian government to urgently reform the state's bail laws.

On Wednesday the family, with the support of the Victorian Aboriginal Legal Service (VALS), launched proposed legislation they have asked to be referred to as Poccum's Law. "Poccum" was the nickname Ms Nelson received from her family as a child.

In a statement on Wednesday VALS said "thousands of people continue to be funnelled into Victoria's prisons following knee-jerk amendments to Victoria's bail laws".

"Since 2018 the number of Aboriginal and Torres Strait Islander women in prison has almost doubled, and right now a staggering 41.9% of people in prison are unsentenced and awaiting a court hearing or trial," they said.

VALS noted that while Victoria's crime rates have "flat-lined", the prison population has soared because of the state's bail laws.

The Coronial Inquest into Ms Nelson's passing labeled the bail laws "a complete and unmitigated disaster", finding that the laws discriminate against Aboriginal people, are incompatible with Victoria's Human Rights Charter, and should be changed urgently.

Earlier this month the Victorian government announced the bail laws would be reformed. Under the proposed change low-level offenders would no longer need to prove they will not pose a risk to the community if released on bail, a retreat from Victoria's controversial "reverse-onus test". Rather, it would be up to police to successfully make the case for bail to be refused. However, advocates say the proposal is too little and will come into effect too late.

56 organisations in the legal, human rights and health sectors, including the Victorian Aboriginal Legal Service, Robinson Gill Lawyers, Dhadjowa Foundation and the Human Rights Law Centre, support the family's calls and urge the Victorian government to immediately implement Poccum's Law by:

- Removing the presumption against bail.

- Granting access to bail unless the prosecution shows that there is a specific and immediate risk to the safety of another person; a serious risk of interfering with a witness; or a demonstrable risk that the person will flee the jurisdiction.

- Explicitly requiring that a person must not be remanded for an offence that is unlikely to result in a sentence of imprisonment.

- Removing all bail offences (committing an indictable offence while on bail, breaching bail conditions and failure to answer bail).

The proposed bill can be read here. A petition in support of the reforms can be signed here.

Ms Nelson's mother, Aunty Donna Nelson, said her daughter's pleas for help must be heard by all lawmakers to "correct a bail system that is broken".

"I want these reforms to be made in honour of my daughter, Veronica, so lawmakers can always be reminded of how cruel and inhumane prison can be to our mob," she said.

"Any reform falling short of our demands will not be supported by me, and cannot have my Poccum's name associated with it.

"The Victorian Government has an opportunity to get this right once and for all – to keep our daughters out of these heartless prisons and to invest that money into where it is needed, rehabilitation and support for our mob."

Veronica's partner, Uncle Percy Lovett, said fundamental changes to the bail laws are needed.

"They can't just make small changes and then do nothing else. Everyone should be presumed innocent, they should have a right to get bail," he said.

"Veronica shouldn't have been in prison, she should have been at home. If it weren't for the bail laws, Veronica wouldn't have been in prison, she would be alive. I want to make sure no one else goes through what Veronica went through."

Mr Lovett said "Veronica deserves the justice she didn't get that day".

"When I was in court with Veronica when she applied for bail – no one asked Veronica proper questions, no one listened to her, no one cared," he said.

Victorian Aboriginal Legal Service chief executive Nerita Waight said the organisation is proud to be able to support Uncle Percy in his fight for justice.

"He wants to ensure that what happened to Veronica does not happen to anyone else and we will keep working until we get that change," she said.

"Victoria's bail laws have decimated the lives of so many people, families, and communities. One of the worst outcomes of the current bail laws is that it has driven a large increase in the number of Aboriginal women held on remand facing minor charges. These women are often victim-survivors of domestic violence and often primary carers for family and kin. Many of them would not get prison time if they were convicted of the charges they are facing.

"Veronica Nelson's passing in Dame Phyllis Frost Centre prison must result in big changes to Victoria's bail laws. The Victorian Government must not fail to meet the moment."

Amala Ramarathinam, Acting Manager Lawyer at Human Rights Law Centre, said Poccum's Law "provides the Andrews government with a clear blueprint for bail reform to ensure that Victoria's bail laws are fair, compliant with the Victorian Charter of Human Rights, and will not needlessly discriminate against people experiencing disadvantage".

"If the Andrews Government is serious about addressing its botched bail laws and meeting its obligations under the Victorian Charter of Human Rights, it must implement Poccum's Law in full," she said.

On Wednesday Victorian Attorney General Jaclyn Symes said Ms Nelson's death was a tragedy and "should not have happened".

"We have acted in relation to the Coroner's findings, it has dovetailed into the work that I have been looking at in relation to bail reform since I have been Attorney General," she said.

"We have a proposal to wind back some of the most damaging impacts of the bail laws that were (introduced) as a result, responding to community concerns... We know there have been disproportionate impacts on vulnerable groups and we are seeking to address that.

"Will we wind back the bail laws to the point where there is an absolute presumption against bail? No, not at this stage.

"It is difficult to detail policy that is currently under development... We are out for consultation at the moment and nothing is necessarily ruled in or ruled out. We have formed the view that there are urgent reforms that we can do to ensure low level offenders, people who are not a risk to community safety, are... not remanded (in custody). We will do this in a way that makes sure the most vulnerable groups are not further criminalised."

   Related   

   Giovanni Torre   

Download our App

@natindigtimes
Article Audio

Disclaimer: This function is AI-generated and therefore may mispronounce.

National Indigenous Times

Disclaimer: This function is AI-generated and therefore may mispronounce.