Prisoner Sues Government, Claiming Vegemite Ban Violates His Human Rights

An Australian prisoner is taking the Victorian government to court, arguing that banning Vegemite behind bars breaches his human right to enjoy his culture.

Andre McKechnie, 54, who is serving a life sentence for murder at Port Phillip Prison, has filed a lawsuit against Victoria’s Department of Justice and Community Safety and Corrections Victoria. He claims the long-standing Vegemite ban stops him from participating in a culturally significant part of Australian life.

A Fight Over a Classic Aussie Spread

According to court documents released to the Associated Press, McKechnie wants the Supreme Court of Victoria to declare that denying prisoners Vegemite violates his rights under the Charter of Human Rights and Responsibilities. The Act states that people have the right to “enjoy their culture,” something McKechnie argues includes eating Vegemite — a staple found in most Australian households.

He is also seeking a declaration that removing the spread does not meet obligations to provide food that maintains an inmate’s wellbeing. McKechnie wants the government to remake its decision regarding the ban “in accordance with the law.”

Why Vegemite Is Banned in Victorian Prisons

Vegemite has been banned in all 12 of Victoria’s prisons since 2006. Corrections Victoria says the spread causes issues for narcotic detection dogs, as inmates have previously smeared smuggled drugs with Vegemite to disguise the scent.

The yeast in the spread is another problem. Prison rules prohibit yeast because inmates can use it to illegally produce alcohol. Although the ban does not name Vegemite specifically, authorities note that the list of prohibited items is not exhaustive.

Other states vary in their rules — Queensland also bans Vegemite, but New South Wales does not.

Public Reaction and Criticism

The lawsuit has sparked backlash from victims’ advocates. John Herron, whose daughter was murdered in 2019, called the case “frivolous” and offensive to families who have suffered violent crimes.

“As victims, we don’t have any rights,” Herron said. “It’s always about the perpetrator, and this just reinforces that.”

McKechnie’s Background

McKechnie was 23 when he murdered Gold Coast property developer Otto Kuhne in 1994. He served part of his sentence in Queensland before being transferred to Victoria. He later spent eight years on parole before choosing to return to prison, writing that the system had “done more damage than good.”

The case is expected to go to trial next year, while the Department of Justice and Corrections Victoria have declined to comment due to the matter being before the courts.

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