Victoria: An Australian murderer has failed in a legal bid to overturn a prison ban on Vegemite after arguing that being denied the popular yeast-based spread violated his human rights and prevented him from practising his Australian culture.
Andre McKechnie took Victoria’s corrections department to court after prison authorities refused to allow him access to the salty condiment. McKechnie argued that the restriction left him feeling disconnected from his family and community.
“Without being able to consume Vegemite, I feel deprived of being able to practise my Australian culture, sad and disconnected from my family and community,” McKechnie told the Supreme Court of Victoria.
Vegemite has been prohibited in Victorian prisons since 2006 over concerns that its distinctive smell could interfere with narcotic detection dogs. Authorities have also raised concerns about the product’s yeast properties, which could potentially be used in alcohol production.
Corrections authorities argued that neither the Corrections Act nor the state’s human rights charter guaranteed prisoners the right to consume Vegemite. On October 26th, Justice Claire Harris dismissed McKechnie’s case, ruling that the ban did not violate his right to receive food adequate to maintain his health and wellbeing.
Harris acknowledged that Vegemite could be considered part of Australian culture and that human rights protections might extend to certain foods. However, she found that the restriction was justified by legitimate prison management and security concerns.
The judge noted that the ban was proportionate to the authorities’ statutory responsibilities, including maintaining prison security, good order, the safe custody of inmates and their welfare. She concluded that the specific refusal to provide McKechnie with Vegemite was reasonable and justified.
McKechnie was convicted of stabbing property developer Otto Kuhne to death in Queensland more than 30 years ago and sentenced to life imprisonment. He was transferred to a Victorian prison about 10 years into his sentence.
Victoria is not the only Australian jurisdiction to prohibit the spread in correctional facilities. Queensland, South Australia and Tasmania also ban Vegemite in prisons, while New South Wales permits it in its correctional centres.
First developed in Melbourne in 1923 as an alternative to Britain’s Marmite, Vegemite has become a breakfast staple for many Australians, despite its distinctive and divisive flavour. The brand was acquired by Australian company Bega from US-based Kraft in 2013.
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