Senior lawyer Monique Hurley, who was representing Tanya Day’s family at a coronial inquest, said the Andrews government should change the law and put an end to police investigating the actions of other police in matters relating to deaths in custody. 

“A status quo of police investigating themselves and dodging accountability for people dying in their care must end,” Ms Hurley said. “For as long as Premier [Daniel] Andrews allows police to act with impunity, deaths in custody will continue.”

In 2017, Ms Day fell asleep on a train to Melbourne where she was targeted and then detained for being drunk in public. The coroner found police should have taken her to the hospital or sought urgent medical care but instead locked her in a cell.

While locked up, Ms Day fell and hit her head on the wall. She was left lying in the cell for over three hours with police checking twice for only a matter of seconds. 

The coroner found the checks the police made were inadequate and they failed to take proper care for Ms Day’s safety, security, health and welfare as required by their own guidelines. The coroner found that had the checks had been conducted appropriately, Ms Day’s deterioration may have been identified and treated earlier. 

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In making the decision to prosecute, the DPP is required to consider whether there is a reasonable prospect of conviction and if it is in public interest. It was heard Victoria Police and the DPP failed to consult with Ms Day’s family or provide reason. 

“It should not be left to Aboriginal families, like the Day family, to continue fighting for justice and accountability,” said Ms Hurley. “The Andrews [government] must step up to the plate and address the institutional racism and lack of police accountability that lead to abuse, mistreatment and Aboriginal people dying in custody.”