We acted for a client in a bail application in December 2021 who had been hospitalised on numerous occasions because of allergic reactions to consuming pepper from meals provided by the Dame Phyllis Frost Centre.
Despite Corrections Victoria being aware of her allergy, meals were provided to our client without care.
At the bail application, we provided all the relevant Justice Health documents that outlined the danger to our client’s life, however the Magistrate wanted to hear from a representative from Corrections Victoria and adjourned the bail application to when court resumes from the Christmas break on 10 January 2022.
During that period of time, our client suffered further allergic reactions and was finally bailed when the representative of Corrections Victoria agreed that they could not keep our client safe.
Police were aware of the danger to our client’s health however continued to maintain their opposition to her bail.
Since being bailed, our client developed a form of anaphylaxis that can occur without being exposed to any pathogen. She has been in and out of hospital since and is now seeking compensation for negligence from the State of Victoria.
While the situation was unacceptable it brings to light the issue of prisoner rights and human rights generally in not being subjected to cruel and unusual punishment.
The Herald Sun recently wrote a story on our client’s plight. While this is once instance where accountability can be brought to bear, we often hear stories of clients being subjected to poor treatment by police and the corrections system. A typical complaint is excessive use of force during arrest and lengthy wait times to be provided with medical attention while in custody.
There is little transparency in the corrections system where there should be greater oversight to ensure human rights abuses are not swept under the carpet.
Furthermore there needs to be accountability on the police who oppose bail, and for there to be a duty on them when information is provided to agree to the release of remands where their health is at risk; or when their investigations reveal a significant weakening of their case that no longer justifies bail.
